Abortion restrictions will help protect more children
T
uesday, Feb. 28 marks Day 35 of the 90-day session. The final day for senators and committees to designate their priority bills is March 14. Committee hearings will end on March 24, after which all-day floor debate will begin. The Speaker has begun scheduling priority bills for floor debate this week. Because we only have half-day floor debate, most of the week will likely be devoted to Senator Brewer’s LB77, the Constitutional Carry bill. I am one of 29 co-sponsors of the bill. Although there is strong support within the Legislature, it is almost certain we will have an eight-hour filibuster.
Anyone watching the Legislature will have heard some of the more progressive Senators extending debate on non-controversial bills in the hopes of wasting time and avoiding hearing the controversial bills such as Constitutional Carry, some education and tax reform bills, voter ID, and the abortion ban bill. Spoiler alert: We will hear all of those bills. So, be patient; we will take the action necessary to keep the session going.
Since LB626, which expands Nebraska’s abortion restrictions, will be coming to the floor in the near future, I wanted to take time this week to update everyone on the bill and my position on the bill.
As many of you may know, Julie and I struggled to start a family. We dealt with several miscarriages and ultimately had a very premature baby boy (John Michael). John was only 24 weeks along and weighed 1 pound 12 ounces. Although he was small, he was certainly a child. I will always remember coming into the neonatal unit and watching him respond once he heard our voices. No one will ever convince me that he was not a child and was not a life worth saving!
Unfortunately, John lost his battle to live due to complications with his delivery and passed away at five weeks old, on our 10th wedding anniversary. He would be 37 years old today. Fortunately, Julie and I both have a strong faith in God and were blessed to adopt two babies over the next three years. Although John will never be forgotten, it is clear to me that God intended for us to be the parents of Mary and Joshua. Needless to say, these events have had a major impact on my views on abortion. The greatest gift that anyone can receive is the gift of a child. This gift must be protected.
LB626 has several changes from last year’s LB933 and is a genuine attempt to find a middle ground in the abortion debate. LB626 would prohibit abortion from being performed in Nebraska once a heartbeat can be detected. That generally occurs six weeks after conception. However, the bill provides exceptions in cases of rape, incest, and a medical emergency (i.e., life of the mother). The bill also specifically protects care required for In Vitro Fertilization (IVF) and ectopic pregnancies, as well as contraception. In the end, only pregnancies resulting from consensual sex at week six would be banned.
Three Nebraska maternal-fetal specialists and other doctors testified at the bill hearing that “this bill gives very wide discretion to physicians to determine whether there is a medical emergency.” Additionally, a doctor is not required to wait to receive a police report in the case of rape or incest to perform the abortion; however, the doctor must offer the victim resources to file a police report and to get in touch with a victim advocate. The victim may accept or decline this offer.
Doctors who violate the ban in LB626 would not be subject to criminal penalties as they would have under LB993. Instead, a complaint against a physician would be subject to an administrative process that already exists under current law. If there is no clear and convincing evidence a violation occurred, the complaint would be dismissed. If clear and convincing evidence is present, the Department of Health and Human Services may decide to pursue discipline on the doctor’s license. In this case, the physician is afforded a hearing before Nebraska’s Chief Medical Officer who may, in consultation with the Nebraska Board of Medicine and Surgery, take appropriate disciplinary action. If it is found that a doctor has performed an elective abortion on a baby with a beating heart, the Chief Medical Officer will then revoke the license of the doctor. The doctor may reapply for reinstatement of their license after two years.
I believe that this bill has answered every objection that the opponents raised last year during floor debate on LB933 and, in the end, is a common-sense bill that will prevent 85% of the elective abortions that are performed in Nebraska today.
Not everyone will agree with my views on this issue, but I made it clear throughout the campaign that I would do all I could to preserve the rights of the unborn. For many constituents, this was their sole issue of concern. I made a commitment to them that I would support this bill. I am a man of my word and will do just that. I hope those who disagree will respect my position.
Please continue to submit public comments on individual bills at NebraskaLegislature.gov, or feel free to reach out to me directly at mjacobson@leg.ne.gov or 402-471-2729.