“It’s time to heed the Constitution” and give the decision on abortion to the people’s elected representatives. Justice Alito’s opinion in Dobbs-v. Jackson Women’s Health Organization was written by Justice Alito. Justice Alito believed that each state’s legislature is best placed to make and pass laws that are in the best interest of the citizens.
In 1990, Nevadans had already taken the steps Justice Alito recommended in 2022. NRS 442.250 was adopted in 1973. In 1990, Nevada voters made NRS442.250 permanent through a referendum under Article 19, Section 1 Nevada Constitution. The Legislative Counsel Bureau reports that NRS 442.250’s ballot question was passed by 63.5%, with 200.645 Nevadans voting for Ballot Question No. 7, and 115 495 voting against. According to Nevada Secretary of State records 516,423 Nevadans were registered to vote in Nevada’s October 6, 1990 general elections.
NRS 442.250 was a referendum addition. It “shall not… be amended, annulled or repealed, set aside or suspended in any manner made inoperative except the direct vote by the people.” In other words, Nevada’s right to abortion is guaranteed by a law which cannot be altered or repealed unless a majority Nevada voters agree.
This is what NRS442.250 says:
1. This state does not allow abortions unless they are performed.
(a). By a licensed physician to practice in this state, or by a doctor in the employment of the United States government who:
(1) Uses best clinical judgment, taking into account all circumstances and the accepted standards of medical practice when deciding whether or not to perform an abortion.
(2) Administers abortion according to accepted medical procedures.
(b). Within 24 weeks of the beginning of the pregnancy.
(c). After the 24th week, only if the doctor has reasonable cause to believe an abortion is needed to preserve the woman’s life or health.
2. All abortions after the 24th Week of Pregnancy or when there is a reasonable chance of sustained survival outside the womb using natural or artificial support systems must be performed at a licensed hospital under chapter 449 of NRS.
3. The attending physician must record in the patient’s permanent records the facts upon which the physician has based his orher best clinical judgment on whether there is a significant risk that the pregnancy will continue.
Nevada’s abortion law states that abortions must be performed by licensed doctors who are licensed to practice medicine in Nevada.
Nevada’s Legislature introduced a bill in 2019 to amend the informed consent requirements and address parental notification requirements for minors pregnant. The amendments process did not allow for the parental notification sections of the bill to be passed.
Executive Order 2022-08 was issued by Nevada Governor Steve Sisolak on June 28, 2022. It prohibits all state employees, officers, and state agencies from sharing information, using money, property, staff, personnel, or other resources to help anyone in another state who seeks to impose criminal, civil, or both liability to any person who provides, secures, receives, or assists in receiving abortion services in Nevada. The Executive Order encourages Nevada’s licensing agencies to grant reciprocal medical licenses for reproductive health care providers in other states. It also prohibits the extradition of anyone who has received Nevadan reproductive health services to another state, unless the crime would also be a criminal offense under Nevada law.
Recent events have highlighted how crucial it is for Nevadans to elect people to represent them at all levels of government. Nevada’s abortion law is a powerful example of the power that “We the People” has over our lives.
People may abstain voting because they believe their vote won’t make a difference. People perpetuate this lie to stop “We the People” exercising an irreplaceable and valuable right that is only available to people who live in real democracy. Each vote at the state and municipal levels is more important than the one cast by the People. Election winners can be determined by narrow margins.
Nevada’s “citizen legislature”, in which elected officials meet only for 120 days in odd-numbered year, is called the “citizen legislature”. They have other jobs during the absence of the Legislature. Nevada legislators don’t have offices or staff, except during legislative sessions. Nevada is one of the 4 states in which the state legislature meets for a specific number of days each year. Texas, North Dakota and Montana are the other three states. The term limit for Nevada’s legislators is 12 years. Each senator and each member of the Assembly can serve a total 12 year term. Senate terms last for 4 years, while Assembly members are limited to 2-year terms. Currently, only 15 states have term limits for legislators.
Nevada is the state that has the best record of ensuring its government serves “We the People”. In 1990, Nevadans were decades ahead than the rest of the county when they passed a commonsense ballot guaranteeing women’s rights to reproductive health care. Nevadans understood the importance of every person being able to make their own decisions about their health care without interference from the government in 1990 and 2022.
Nevada’s referendum provision is a result of the Nevada Constitution. The Nevada Constitution is second only to the U.S. Constitution as the main source of power and rights for the People. The Nevada Constitution created the laws and granted the power to its government, officers and legislators. The historical tradition of holding our government accountable is closely tied to Nevadans exercising their Constitutional rights by bringing referenda. Like Nevada legislators and judges, Supreme Court justices and Supreme Court justices are elected. The ability to seek justice in court and from legislators is a key component of government accountability. The Nevada Supreme Court is currently considering whether Nevadans are allowed to file civil rights lawsuits against government officials for violating the Nevada Constitution. Like the 32-year-old Nevadans who passed NRS 442.250 through referendum 32 years ago, Nevadans must today use their vote at the polls to support candidates that will uphold the Nevada Constitution, promote personal freedom and hold the government responsible. Our vote is our voice, and our vote our power.
Andrea Vieira, an attorney at The Vieira Firm devoted to civil rights and justice for all, is
The post How Nevada’s Abortion Law Embodies the People’s Voice was first published on Vegas Legal Magazine.