Backers of Unicameral ‘fetal heartbeat’ bill show strength in test vote

Lawmakers voted 32-14 to reject a motion by state Sen. Megan Hunt of Omaha, one of the Unicameral’s most outspoken abortion-rights members, to re-refer Legislative Bill 626 to the Judiciary Committee.

Norfolk Sen. Robert Dover, one of the 29 co-sponsors of Thurston Sen. Joni Albrecht’s “fetal heartbeat” bill, was excused from the chamber and did not vote on Hunt’s motion.

Senators who want to take advantage of the U.S. Supreme Court’s June reversal of the 1973 Roe v. Wade ruling will need 33 votes to break a filibuster when LB 626 reaches the floor as expected later in the session.

The Legislature’s Health and Human Services Committee plans its public hearing on Albrecht’s bill at 1:30 p.m. Wednesday in Room 1510 of Lincoln’s State Capitol. Nebraskans can watch it online via the Unicameral website at nebraskalegislature.gov.

All five western Nebraska senators, who are also among LB 626’s co-sponsors, opposed Hunt’s effort to redirect it to the Judiciary Committee.

Sen. Mike Jacobson of North Platte chalked up Thursday’s effort by Hunt and other abortion-rights supporters to “pure politics.”

“The actions on the floor today are simply attempts by those opposing the heartbeat bill to further delay the bill from coming to the floor,” he said during the debate in a text to The Telegraph. “This will be a common practice as we move through the session.”

LB 626 would generally forbid abortions once doctors detect a fetal heartbeat — normally around six weeks after fertilization — but wouldn’t criminalize patients seeking abortions.

It also contains exceptions to the general six-week ban for rape, incest and medical threats to a mother’s life. Protections for in vitro fertilization and procedures after miscarriages also are included in LB 626’s introduced text.

Jacobson said the Judiciary Committee, chaired by Omaha Sen. Justin Wayne, is evenly split between registered Republicans and Democrats in the officially nonpartisan Legislature.

“That should explain the reason for the motion,” he said.

He also echoed a floor statement Thursday by LB 626 co-sponsor Sen. Julie Slama of Sterling, who noted that the Legislature’s Reference Committee voted 9-0 to refer the fetal-heartbeat bill to the Health and Human Services Committee.

“Ironically, those opposing the bill have always referred to this issue as a health-care issue, yet they argue that the Health and Human Services Committee is the wrong committee for it to be heard,” Jacobson said.

Sens. Steve Erdman of Bayard, Tom Brewer of Gordon, Teresa Ibach of Sumner and Brian Hardin of Gering also voted against Hunt’s motion.

Senators likely will resume debating LB 626’s committee destination Friday. Hunt, who voted “present — not voting” on her own motion, has moved for senators to reconsider it. Wayne also has offered a re-referral motion.

Thursday’s agenda also included motions by Hunt to redirect her two constitutional amendments to guarantee “reproductive freedom” (Legislative Resolutions 18CA and 19CA) from Health and Human Services to Judiciary. Friday’s agenda had not yet been posted Thursday evening.

Lawmakers, who began 2023 public hearings on bills this week, are scheduled to hold hearings both mornings and afternoons each of the next two weeks. Pro-forma “check-in” floor sessions have been expected for that period.