LINCOLN — A new law banning one type of second-trimester abortion took effect in Nebraska last week, but one major abortion provider said it will not change what he does.
Dr. LeRoy Carhart, medical director of the Clinics for Abortion and Reproductive Excellence in Bellevue and Bethesda, Maryland, said he does not use the procedure prohibited under Legislative Bill 814.
“It’s going to make no difference in what we offer to the populace,” he said. “We will be able to provide the same quality and level of services we have for many years.”
The new law, introduced by State Sen. Suzanne Geist of Lincoln, prohibits an abortion method called dilation and evacuation. The procedure involves dilating a woman’s cervix and removing the fetus in pieces. Abortion opponents call the procedure dismemberment abortion.
Nationally, it is by far the most common method used for second-trimester abortions. Estimates show that it accounts for about 95% of such abortions.
In Nebraska, it is used much less frequently. Statistics collected by the Department of Health and Human Services show that dilation and evacuation was used in 32 of the 2,078 total abortions performed in 2018, the latest year for which data is available. The method accounted for about 20% of the 178 abortions performed at 13 weeks or later.
Carhart said he changed procedures years ago, in response to a state law that sought to ban another abortion method. That law prohibited a procedure called intact dilation and extraction, or intact D&X, which opponents called partial-birth abortion.
But the law was written broadly enough that it could have applied to dilation and evacuation abortions, one of the reasons that the U.S. Supreme Court struck it down in 2000. A more narrowly written federal ban on intact D&X abortions was enacted later and upheld by the court.
Bans similar to the new Nebraska law have been blocked in every one of the 10 states where they have been challenged. The two other states where the bans are in effect have no abortion providers that perform second-trimester abortions.
No legal challenges have been filed in Nebraska. A spokeswoman for Planned Parenthood North Central States, which covers Nebraska, said the organization has no plans for litigation.
“Planned Parenthood is proud to provide our patients with high-quality, nonjudgmental reproductive health care, and that will not change with this new law,” Emily Bisek said.
Carhart said he hasn’t ruled out legal action but has not filed anything yet.
“I see it as just another intrusion on women’s rights,” he said.
Nate Grasz of the Nebraska Family Alliance called it “an important pro-life victory for Nebraska” to have the law take effect without the legal fight that abortion rights supporters had threatened during legislative debate.
“We’re thankful that practice was ended in Nebraska,” he said. “We believe Nebraska is better for it.”
Even if the law affects a relatively small number of abortions, he said, it puts an end to a gruesome method of abortion. In addition, he said the fierce fight against the legislation showed that it would have an impact. The debate also raised public awareness of issues around abortion.
Marion Miner of the Nebraska Catholic Conference also celebrated the law taking effect. He said the goal of such legislation is to save lives, not necessarily to provoke litigation.
“We’re confident in its constitutionality and very happy it’s in effect,” he said.
Miner acknowledged that the new law “may not” prevent any abortions because other methods can legally be used.
But he noted that the new law follows 2019 legislation requiring that women be told that it may not be too late to continue their pregnancy if they change their minds halfway through a medication abortion. It also follows 2018 legislation that effectively barred Planned Parenthood from receiving federal Title X family planning funds distributed by the state.
Miner and Grasz said they hope to build on the new law in the upcoming legislative session. They said abortion opponents are still discussing where to focus their efforts.
Sen. Megan Hunt of Omaha, a leader in the filibuster of LB 814, called the new law “out of touch” with the values of Nebraskans and said it’s a step toward making abortion unavailable for women.
“The end goal of these kinds of restrictions is to one day push it entirely out of reach,” she said. “However we feel about abortion, Nebraskans should be able to make their own decisions.”
Our best staff images from November 2020
Photos: Our best staff images from November 2020

Olivia Noonan, 3, of Omaha, looks up at Santa outside Mulhall's in Omaha on Saturday, Nov. 28, 2020. Reindeer Dasher and Dancer will be available to see through Dec. 19 at the garden and home store.

Iowa's Zach VanValkenburg catches a fumble from Nebraska's Adrian Martinez after he was sacked by Iowa's Chauncey Golston.

Iowa's Terry Roberts celebrates recovering a fumble from Nebraska's Cam Taylor-Britt.

A photo of Nathan Pastrana, left and Ryan Helbert sit in memorial across the street to the south of the Sonic at 1307 Cornhusker Rd, on Wednesday, November 25, 2020. A shooting on November 21st killed Pastrana, 22, and Helbert, 28, while Zoey Lujan, 18, and Kenneth Gerner, 25, suffered critical injuries.

Ring billed gulls try to stay dry on the dock at Big Lake Park in Council Bluffs, Iowa on Tuesday, November 24, 2020.

The sun rises behind downtown Omaha on Friday, November 20, 2020.

Ord fans cheer on their team as they play in the Class C2 championship game against Bergan.

Protesters gather for the second night outside the Omaha Police Department headquarters in downtown Omaha on Saturday, November 21, 2020. Kenneth Jones, a Black man, was shot and killed by an officer after a traffic stop on Thursday night.

Nebraska’s Cam Taylor-Britt hits Illinois’s Chase Brown after a first quarter run. Taylor-Britt would leave the game with an injury.

Ord players react as their Class C2 championship trophy is handed to them after defeating Bergan.

Omaha Westside quarterback Cole Payton (9) hugs and lifts head coach Brett Froendt following the Elkhorn South vs. Omaha Westside Class A football state championship game at Omaha Westside High School on Friday, November 20, 2020. Omaha Westside won the title 37-21.

Illinois's Josh Imatorbhebhe catches a second-quarter touchdown pass over Dicaprio Bootle to give them a 21-7 lead.

Aurora's Aaron Jividen, right, comforts Jameson Herzberg after the lost the Class B state title to Elkhorn.

The 2020 "Christmas at Union Station" tree is brought inside the Durham Museum in Omaha on Monday.

Nebraska kicks off to Penn State after a second-quarter touchdown to a nearly empty Memorial Stadium due to the pandemic.

Penn State's Will Levis is taken down by Nebraska's Ben Stille on the final down for the Penn State offense during their game Saturday in Lincoln.

Nebraska quarterback Luke McCaffrey, left, and Head Coach Scott Frost, right celebrate their win over Penn State.

Nebraska's Cam Taylor-Britt and Penn State's Jahan Dotson both go up for the ball in the end zone during their game on Saturday in Lincoln. The pass was incomplete.

Nebraska runs out of the field after the tunnel walk before they play Penn State.

Everyone tries to keep up with Nebraska's Luke McCaffrey during their game on Saturday in Lincoln.

Flags of the five military branches are flown during a Veterans Day drive-thru event at Platteview High School in Springfield on Wednesday, November 11, 2020. The student-led tradition, now in its nineteenth year, was held outside this year because of the coronavirus pandemic.

Dean Mathisen looks at memorials before the start of Veterans Days ceremonies at Memorial Park on Wednesday.

A woman waves from her car during a Veterans Day drive-thru event at Platteview High School in Springfield on Wednesday, November 11, 2020. The student-led tradition, now in its nineteenth year, was held outside this year because of the coronavirus pandemic.

Nebraska's Luke McCaffrey is shoved out of bounds by Northwestern's Adetomiwa Adebawore during their game on Saturday in Evanston.

Nebraska head coach Scott Frost walks on to the field with his team fir the start of their game on Saturday in Evanston.

Northwestern's Peyton Ramsey is hit by Nebraska's Luke Reimer and fumbles the ball during their game on Saturday in Evanston.

Isaiah Ross waves a Biden for President flag during a celebration at 72nd and Dodge Streets on Saturday.

A worker disinfects the seats inside Pinnacle Bank Arena between state volleyball matches on Friday, November 06, 2020.

Bellevue West wide receiver Keegan Johnson runs the ball with Kearney defensive back Tanner Johnson on his heels.

Omaha Skutt's Abigail Schomers celebrates a point against against Ashland Greenwood.

People eat lunch under a tree bearing bright autumn leaves at Miller Park in North Omaha on Thursday, November 5, 2020.

The sun sets near Bancroft Elementary School in southeast Omaha. The sun is going down a minute earlier every day, and this evening it will do so at 5:14.

Belleue West players celebrate a point against Papio South.

Derek Rau and his service dog Voodoo walk to a polling booth in Omaha on Tuesday, November 3, 2020.

Alayna Gonzalez, 8 months, sits with her dad, Hector Gonzalez, of Omaha, while waiting for her mom, Ana Gayton (not pictured), to finish voting so he can take his turn at the Disabled American Veterans hall in South Omaha on Election Day, Tuesday, November 3, 2020.

Voters occupy all the booths inside Bethel Lutheran Church, 1312 S. 45th St., on Tuesday. There were close to 30 people in line when the doors opened.

A person votes at the Omaha Community Playhouse in Omaha on Tuesday, November 3, 2020.

Volunteer Jay Mason throws way political signs that were too close to the polling place at Bethel Lutheran Church located at 1312 South 45th Street on Tuesday, November 03, 2020.

Bancroft Elementary School in South Omaha on Election Day, Tuesday, November 3, 2020.

Sidewalk chalk messages at 13th and Bancroft Streets in South Omaha on Election Day, Tuesday, November 3, 2020.

Rep. Don Bacon greeted drivers at 72nd Street and Highway 370 in Papillion.

A spooky reminder to vote in a home's yard near 72nd and Cass Street in Omaha on Thursday, October 22, 2020.

The line for early voting wraps back and forth at the Douglas County Election Commission on Saturday, October 31, 2020.

Rep. Don Bacon leaves a brochure while campaigning door-to-door in Papillion on Friday.

Democrat Kara Eastman keeps an Election Day countdown in the front room of her campaign office at 72nd and Farnam Streets.

Rida Rahman, 4, waits in line with her parents, Hafiz Rahman, left, and Shamsun Ruby, right, at the Douglas County Election Commission on Saturday, October 31, 2020. Rida was dressed as Raphael, from the Teenage Mutant Ninja Turtles, while her parents were in line for early voting.
martha.stoddard@owh.com, 402-473-9583