Federal Appeals Court Upholds Injunction Against Nebraska Abortion Law

By:  Joe Wolverton, II
12/22/2011
       
Federal Appeals Court Upholds Injunction Against Nebraska Abortion Law

Last Friday, the Eighth Circuit Court of Appeals upheld an injunction issued by a lower federal court which blocks the enforcement against an abortion statute recently enacted by the state of Nebraska.  In July of last year, the U.S. District Court for the District of Nebraska handed down a preliminary injunction against the law known as the Women’s Health Protection Act.
 
 

Last Friday, the Eighth Circuit Court of Appeals upheld an injunction issued by a lower federal court which blocks the enforcement against an abortion statute recently enacted by the state of Nebraska.

In July of last year, the U.S. District Court for the District of Nebraska handed down a preliminary injunction against the law known as the Women’s Health Protection Act.
 
Judge Kermit Bye (photo) wrote for the panel, holding that:

The record demonstrates the district court considered the proper factors, including the fact the litigation was terminated procedurally, NuLife failed to justify its delay in light of its prior knowledge of the case, and the parties would be prejudiced because final judgment on their settlement had already been entered.

The act (LB 594) would mandate that doctors in the Cornhusker State evaluate each individual case of a request for an abortion to determine if the choice is voluntary. Further, physicians would be required to inform patients of the various risks and complications which studies published within a one-year period prior to the abortion have shown to be associated with the administration of the procedure.

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