Scripps News and Decision Desk HQ project voters in Nebraska will not pass a measure that would have enshrined stronger abortion protections in the state constitution.
Nebraska’s Initiative 439 would have amended the state’s constitution to provide access to abortion until fetal viability, which is at the end of the second trimester around 24 weeks. It would have also included life of the mother exceptions and very clearly stated that it’s up to the practitioner to determine viability.
The measure narrowly failed. Counting of ballots continued for weeks after election night.
The measure, along with Nebraska Initiative 434, were both on Nebraska’s ballot in the November election.
RELATED STORY | Nebraska votes to ban abortion after first trimester
Voters passed Initiative 434, which bans abortion after the first trimester. It includes exceptions for medical emergencies, rape and incest.
Nebraska law will continue to ban abortions after 12 weeks of pregnancy. That law went into effect in June of 2023. It includes exceptions for saving the life or health of the mother and for rape or incest.
