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Nebraska Supreme Court upholds state’s 12-week abortion ban and transgender care restrictions

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Nebraska Supreme Court upholds state’s 12-week abortion ban and transgender care restrictions


LINCOLN, Neb. (KOLN) – The Nebraska Supreme Court ruled in favor of the state’s 12-week abortion ban and transgender care restrictions on Friday.

A lawsuit brought by Planned Parenthood of the Heartland and its medical director, Dr. Sarah Traxler, in May 2023 claimed LB 574 violated the “no bill shall contain more than one subject, and the subject shall be clearly expressed in the title” rule in the Nebraska State Constitution.

LB 574 allowed Nebraska’s chief medical officer the ability to regulate transgender care for minors, and a last minute amendment tacked a 12-week abortion ban onto it. Governor Jim Pillen signed the bill into law on May 22, 2023.

The Supreme Court Justices peppered lawyers with the ACLU and State of Nebraska with questions about the constitutionality of LB 574 pertaining to the single-subject rule earlier this year.

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In an opinion issued Friday morning, the Supreme Court found no merit to Planned Parenthood’s argument that the bill contained more than one subject, affirming a district court decision in 2023.

The state’s high court acknowledged in its ruling that abortion and gender-affirming care “are distinct types of medical care,” but found the law does not violate Nebraska’s single-subject rule because both abortion and transgender health fall under the subject of medical care, the AP reported.

The ACLU of Nebraska highlighted Justice Lindsey Miller-Lerman’s dissent from the majority’s interpretation of the single-subject requirement.

Justice Miller-Lerman accused the majority of applying different standards to bills passed by the Legislature and those sought by voter referendum.

The ACLU of Nebraska released the following statement:

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“We respectfully disagree with the court majority’s determination, and we had of course hoped for a very different outcome,” Mindy Rush Chipman, executive director of ACLU of Nebraska, said. “But looking beyond the legal arguments of this specific case, it is so important that Nebraskans do not lose sight of the impact of these restrictions. Nebraskans have been harmed every week since the governor signed LB 574 into law. That will continue under today’s ruling. However, this case will not be the final word on abortion access and the rights of trans youth and their families in Nebraska. Despite this loss, we will continue to do all that we can to ensure that Nebraskans can make their own private decisions about their lives, families and futures.”

Pillen, who pushed for the bill to be passed, released a statement following the Court’s decision:

“I am grateful for the court’s thorough and well-reasoned opinion upholding these important protections for life and children in Nebraska. There was a dark moment last year when many feared that a victory for unborn babies was impossible and that the pro-life coalition might break apart. I was honored to partner with faithful allies and leaders across the state to combine the abortion ban with protections for kids against irreversible sex change surgeries. We worked overtime to bring that bill to my desk, and I give thanks to God that I had the privilege to sign it into law. I immediately directed our state government agencies to swiftly bring these protections into effect. I am grateful for their work and for the work of the Attorney General to defend it,” Pillen said.

Attorney General Mike Hilgers also commended the Court on its ruling.

“The Legislature passed Nebraska’s 12-week abortion ban and its ban on gender-altering procedures for minors, and we are pleased that the Court upheld the constitutionality of the Legislature’s work,” Attorney General Mike Hilgers said.

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Read the full Nebraska Supreme Court opinion below:

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Nebraska

Nebraska softball coaching staff finalized with a contract extension

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Nebraska softball coaching staff finalized with a contract extension


Nebraska softball finalized its coaching staff on Wednesday. Head coach Rhonda Revelle signed an extension that runs through the 2031 season. The program also finalized several previously announced coaching changes.

Revelle earned the extension after leading Nebraska to one of its best seasons in history, bringing the team back to the Women’s College World Series for the first time since 2013. The Huskers totaled a school-record 52 wins in Revelle’s 34th season as Nebraska’s head coach, helping solidify her as the winningest coach in Nebraska athletics history.

“As we said when we had the privilege of naming the field at Bowlin Stadium in her honor, Rhonda Revelle is Nebraska Softball. Rhonda is not only a great leader of our softball program, but she is a world-class individual who elevates our entire athletic department in many ways. The trajectory of our program is at an all-time high coming off a record-breaking season and we are excited for the years ahead under the leadership of Rhonda and her outstanding staff.”

Revelle also re-worked the responsibilities of her coaching staff, elevating existing staff members and bringing in a slew of former players as assistants. This comes following the retirement of long-time assistant Lori Sippel in June. 

Diane Miller has been elevated to associate head coach, and Mandie Nocita was promoted to assistant coach. Olivia Ferrell and Jordy Frahm also join the staff and will serve as assistant coaches. Hannah Coor and Hannah Camenzind have been added as graduate assistants. Lauren Camenzind will be a graduate manager for the Huskers.

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Gov. Jim Pillen calls for budget cuts, hiring freeze in new memo

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Gov. Jim Pillen calls for budget cuts, hiring freeze in new memo


Nebraska Gov. Jim Pillen on Wednesday announced measures to further cut state spending, including a cut in state agency spending and a hiring freeze on most positions.

Pillen said in a news release that the measures are necessary after the state paid out $307 million more in state tax refunds than anticipated in fiscal year 2026, which ended June 30. Tax receipts have come in below projections in March, April and May, leading to a current expected deficit of $172 million.

That’s after lawmakers closed a $646 million budget hole in their most recent legislative session.

The governor has previously sought to cut spending to provide more property tax relief to Nebraska residents and had called for additional cuts during the current fiscal year.

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“I am pleased with the progress we have made, but I’m not satisfied,” Pillen said in a news release.

Accompanying the release was a memo Pillen sent to state agencies, boards and commissions in which he called on them to “exercise additional fiscal restraint.”

Among the measures outlined in the memo:

  • A freeze on creating any new positions or filling any vacancies without approval from the state budget office. The freeze does not apply to law enforcement or corrections positions.
  • A 5% reduction in budgets for all state agencies.
  • All agencies, boards and commissions must provide monthly cash flow projections.
  • Agency leaders are directed to “concentrate” on eliminating redundant processes, services regulation and aid programs.
  • Agency leaders are directed to reduce their agencies’ physical footprint and “consolidate teams and services.”

All state entities are required to submit their plans for reducing spending by the end of the month.

The memo also said agencies should “prepare for downward adjustments to appropriations” not only in the current fiscal year but also in the 2028 and 2029 fiscal years.



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Supreme Court will hear Nebraska’s fight over access to Colorado’s South Platte River

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Supreme Court will hear Nebraska’s fight over access to Colorado’s South Platte River


The U.S. Supreme Court has agreed to hear Nebraska’s lawsuit against Colorado over a proposed canal that would take water out of the South Platte River in Colorado and send it to a reservoir in Nebraska.

Nebraska claims Colorado is deliberately obstructing efforts to build the ditch, known as the Perkins Canal, even though everyone agrees Nebraska has the right to do so. The canal is necessary, Nebraska says, because Colorado isn’t sending enough water into Nebraska.

The Perkins Canal would divert water from the South Platte River near Ovid to a storage site somewhere in Nebraska. The South Platte River Compact, ratified by both states and Congress in 1923, requires Colorado to guarantee a flow in the river of 120 cubic feet per second at a water gauge near the state line during the irrigation season. The compact also authorizes Nebraska to build the canal and grants the right to use the power of eminent domain to acquire land on which to build it. Initial work was done on the canal more than a century ago, but the project was abandoned as unfeasible.

Nebraska resurrected the idea in late 2021, citing fears that urban development along Colorado’s Interstate 25 corridor and plans to expand water storage were causing Colorado to violate the terms of the 1923 compact. 

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The idea that Nebraska might actually build the canal has water users in the lower reaches of the river worried that doing so would disrupt the water augmentation process that underpins much of the crop irrigation along the South Platte, especially between Fort Morgan and the Colorado-Nebraska state line. It is designed to help Colorado meet the terms of the 1923 compact. 

Colorado land owners have resisted Nebraska’s efforts to buy land in the Julesburg area so the canal can be built. Colorado Attorney General Phil Weiser and Gov. Jared Polis, while recognizing Nebraska’s right to build the canal, have nevertheless sworn to do all they can to protect Coloradans’ property and water rights. Seeing such rhetoric as subverting Nebraska’s right to build, Nebraska sued Colorado in the Supreme Court in July 2025, alleging that Colorado is obstructing Nebraska’s efforts to go ahead with the Perkins project. Nebraska also attacked Colorado’s water augmentation system, saying it doesn’t work.

To understand augmentation, it’s important to know that Colorado operates on the prior appropriation doctrine, meaning the oldest (senior) water right holders get their water first. During dry periods, senior users may place a “call” on a stream, forcing junior users to stop taking water to ensure the senior rights are fulfilled. When someone pumps water out of a river basin, it eventually pulls water out of nearby streams and rivers, which can illegally shortchange senior surface-right holders. In that case, the junior wells would have to be shut down until senior rights were satisfied

To avoid such shutdowns, called “curtailment,” Colorado devised a system called augmentation in which the water that is pumped during the irrigation season must be replaced during the winter months so it flows back through the aquifer into the river in the following irrigation season. Some augmentation is done simply by buying water rights from upstream users, increasing the amount of water in the river. The system is highly complex and requires detailed accounting of river flows.

In a prepared statement issued last week, after the high court agreed to hear the case, Colorado Attorney General Phil Weiser said Colorado is in compliance with the compact.

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The court’s decision, he wrote, “merely opens the door for Nebraska to bring its claims against Colorado. Nebraska’s burden to prove those claims is incredibly high and we will vigorously defend Colorado’s full entitlements under the compact.”

Perkins Canal needed because Colorado is harming Nebraska

But Nebraska officials insist water augmentation isn’t doing what it was supposed to do. In its 55-page complaint to the U.S. Supreme Court, Nebraska calls the augmentation system illegal and a violation of the river compact.

“Colorado’s water administration system, including its augmentation plans, have harmed and will continue to harm Nebraska,” the lawsuit reads. “For example, many augmentation projects … allow junior well owners to pump water out of priority during the irrigation season, provided they pump or divert additional water during the non-irrigation season and apply it to recharge ponds. This method assumes that water will percolate back into the water table and make its way to the South Platte River in time to make whole downstream senior users.”

Kent Miller is general manager of the Twin Platte Natural Resources District, which includes most of the South Platte River in Nebraska. He’s said he’s watched the river since 1972 and is skeptical that augmentation even works.

“Those plans have not been working, and I base that on the fact that the Western Irrigation District rarely receives what it’s supposed to receive,” Miller said. 

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In May, U.S. Solicitor General John Sauer filed an amicus brief with the high court recommending that the court allow the suit to go ahead, but with conditions. 

In its lawsuit, Nebraska addresses augmentation because of its complexity and insists that any mechanism Colorado uses to comply with the compact should be simple. In his amicus brief, Sauer recommended tossing the argument.

“Nebraska reads Article VIII (of the compact) as mandating that compliance mechanisms be ‘simple,’ and it alleges that Colorado has violated that requirement,” Sauer wrote. “But Article VIII imposes no such requirement; it merely authorizes Colorado officials to enforce the Compact without action by the Colorado legislature. Because Nebraska’s Article VIII claim is facially meritless, it should not be permitted to proceed further.”

Sauer further recommended disallowing arguments that Colorado is obstructing Nebraska’s efforts to build the canal, saying Nebraska offers no evidence of such obstruction.

In signaling its acceptance of the lawsuit on Monday, the Supreme Court said it wants to hear all of Nebraska’s complaints and let the justices judge for themselves whether parts of it lack merit. Colorado originally had 30 days to respond to the court’s action but, on July 2, requested a 60-day extension.

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