LINCOLN — Nebraska would join a dozen other states in attempting to ban so-called dismemberment abortions under a bill introduced during opening day of the 2020 legislative session on Wednesday.
State Sen. Suzanne Geist of Lincoln offered Legislative Bill 814 along with 21 co-sponsors. The proposal guarantees controversy in the 60-day session and looks to become a political litmus test during a year when many lawmakers, including Geist, are seeking reelection.
The bill was one of dozens introduced Wednesday.
The measure would ban a method used for second-trimester abortions, those done from week 13 through week 24 of a woman’s pregnancy. The procedure, known medically as dilation and evacuation, includes removal of a fetus in pieces.
“I have introduced a bill this morning that will end the practice of a brutal and unthinkable abortion method here in Nebraska,” Geist said. “This procedure has no place in modern medicine and is a horrible practice in our society.”
She spoke at a morning press conference, flanked by the bill’s co-sponsors and leaders of Nebraska anti-abortion groups. Speakers labeled the procedure “gruesome,” “barbaric,” “inhumane” and “immoral.”
But abortion rights supporters said the proposal could endanger women and would be an unconstitutional violation of a woman’s right to abortion.
“Where is the woman in this bill?” asked Meg Mikolajczyk, with Planned Parenthood North Central States, which operates in five states and has clinics in Omaha and Lincoln. Both of the Nebraska clinics provide abortions and other health care services.
“It really is stripping physicians of the ability to counsel patients about the best course of care,” she said. “For some women, it is the only method that would work.”
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Similar bans are in effect in only two of the dozen states where they have passed. The rest have been ruled unconstitutional or are enjoined while they face legal challenges. The U.S. Supreme Court in June refused to hear an appeal of an 11th Circuit Court of Appeals ruling permanently barring Alabama’s law from taking effect.
Danielle Conrad, executive director of the ACLU of Nebraska, said the Nebraska proposal represents an attempt to dismantle legal access to abortion. It follows previous state legislation banning so-called partial-birth abortion, another method used in the second trimester, and legislation banning almost all abortions after the 20th week of pregnancy.
Geist disagreed, saying there are other methods available to women seeking abortions at that point in their pregnancy.
One option would be an injection into a woman’s abdomen or cervix that would terminate the pregnancy before the fetus is removed. Another option could be using medication to induce labor. Both add to the complexity and cost of an abortion, according to the Guttmacher Institute, a research and policy group with ties to Planned Parenthood.
Geist said she intends to pursue the bill despite questions about its constitutionality. She said those can be dealt with by the courts.
If passed, the measure would affect only a small percentage of abortions in Nebraska.
Statistics collected by the Department of Health and Human Services show there were 32 dilation and evacuation abortions in the state in 2018, or 1.5% of the total. The vast majority — 1,226 abortions — were medication-induced, with the second-most-common method being suction-curettage — 766 abortions.
LB 814 would prohibit abortions in which clamps, forceps or similar instruments are used to remove pieces of a living fetus. It would not apply if suction is used to remove pieces. Geist said the bill was not intended to address suction abortions.
She also argued that dismemberment abortions should be banned even though many occur before a fetus can feel pain. A fetus’ capacity to feel pain was the rationale behind the ban on abortions after 20 weeks’ gestation.
“Whether the unborn child feels the pain, the procedure is equally heinous,” she said.
The bill would make it a Class IV felony, punishable by up to two years in prison and a $10,000 fine, for a doctor to perform a dismemberment abortion. The bill also would allow a doctor to be sued for performing such an abortion. The woman having such an abortion could not be charged.
Meet the Nebraska state senators
Nebraska's 49 state senators

Nebraska has 49 state senators in the Legislature. Click through to find your state senator and others.
Julie Slama

District 1: State Sen. Julie Slama
From: Peru
Party: Republican
Robert Clements

District 2: State Sen. Robert Clements
From: Elmwood
Party: Republican
Carol Blood

District 3: State Sen. Carol Blood
From: Bellevue
Party: Democratic
Robert Hilkemann

District 4: State Sen. Robert Hilkemann
From: Omaha
Party: Republican
Mike McDonnell

District 5: State Sen. Mike McDonnell
From: Omaha
Party: Democratic
Machaela Cavanaugh

District 6: State Sen. Machaela Cavanaugh
From: Omaha
Party: Democratic
Tony Vargas

District 7: State Sen. Tony Vargas
From: Omaha
Party: Democratic
Megan Hunt

District 8: State Sen. Megan Hunt
From: Omaha
Party: Democratic
Sara Howard

District 9: State Sen. Sara Howard
From: Omaha
Party: Democratic
Wendy DeBoer

District 10: State Sen. Wendy DeBoer
From: Bennington
Party: Democratic
Ernie Chambers

District 11: State Sen. Ernie Chambers
From: Omaha
Party: Independent
Steve Lathrop

District 12: State Sen. Steve Lathrop
From: Omaha
Party: Democratic
Justin Wayne

District 13: State Sen. Justin Wayne
From: Omaha
Party: Democratic
John Arch

District 14: State Sen. John Arch
From: La Vista
Party: Republican
Lynne Walz

District 15: State Sen. Lynne Walz
From: Fremont
Party: Democratic
Ben Hansen

District 16: State Sen. Ben Hansen
From: Blair
Party: Republican
Joni Albrecht

District 17: State Sen. Joni Albrecht
From: Thurston
Party: Republican
Brett Lindstrom

District 18: State Sen. Brett Lindstrom
From: Omaha
Party: Republican
Jim Scheer

District 19: State Sen. Jim Scheer
From: Norfolk
Party: Republican
John McCollister

District 20: State Sen. John McCollister
From: Omaha
Party: Republican
Mike Hilgers

District 21: State Sen. Mike Hilgers
From: Lincoln
Party: Republican
Mike Moser

District 22: State Sen. Mike Moser
From: Columbus
Party: Republican
Bruce Bostelman

District 23: State Sen. Bruce Bostelman
From: Brainard
Party: Republican
Mark Kolterman

District 24: State Sen. Mark Kolterman
From: Seward
Party: Republican
Suzanne Geist

District 25: State Sen. Suzanne Geist
From: Lincoln
Party: Republican
Matt Hansen

District 26: State Sen. Matt Hansen
From: Lincoln
Party: Democratic
Anna Wishart

District 27: State Sen. Anna Wishart
From: Lincoln
Party: Democratic
Patty Pansing Brooks

District 28: State Sen. Patty Pansing Brooks
From: Lincoln
Party: Democratic
Kate Bolz

District 29: State Sen. Kate Bolz
From: Lincoln
Party: Democratic
Myron Dorn

District 30: State Sen. Myron Dorn
From: Adams
Party: Republican
Rick Kolowski

District 31: State Sen. Rick Kolowski
From: Omaha
Party: Democratic
Tom Brandt

District 32: State Sen. Tom Brandt
From: Plymouth
Party: Republican
Steve Halloran

District 33: State Sen. Steve Halloran
From: Hastings
Party: Republican
Curt Friesen

District 34: State Sen. Curt Friesen
From: Henderson
Party: Republican
Dan Quick

District 35: State Sen. Dan Quick
From: Grand Island
Party: Democratic
Matt Williams

District 36: State Sen. Matt Williams
From: Gothenburg
Party: Republican
John Lowe

District 37: State Sen. John Lowe
From: Kearney
Party: Republican
Dave Murman

District 38: State Sen. Dave Murman
From: Glenvil
Party: Republican
Lou Ann Linehan

District 39: State Sen. Lou Ann Linehan
From: Elkhorn
Party: Republican
Tim Gragert

District 40: State Sen. Tim Gragert
From: Creighton
Party: Republican
Tom Briese

District 41: State Sen. Tom Briese
From: Albion
Party: Republican
Mike Groene

District 42: State Sen. Mike Groene
From: North Platte
Party: Republican
Tom Brewer

District 43: State Sen. Tom Brewer
From: Gordon
Party: Republican
Dan Hughes

District 44: State Sen. Dan Hughes
From: Venango
Party: Republican
Sue Crawford

District 45: State Sen. Sue Crawford
From: Bellevue
Party: Democratic
Adam Morfeld

District 46: State Sen. Adam Morfeld
From: Lincoln
Party: Democratic
Steve Erdman

District 47: State Sen. Steve Erdman
From: Bayard
Party: Republican
John Stinner

District 48: State Sen. John Stinner
From: Gering
Party: Republican
Andrew La Grone

District 49: State Sen. Andrew La Grone
From: Gretna
Party: Republican
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