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LB 574 bans abortions in Nebraska after 12 weeks of gestation, with exceptions for the mother's life. A previous proposal, Legislative Bill 626, would have banned abortions in Nebraska after an ultrasound detects embryonic cardiac activity, at about six weeks.
Article VI of the Constitution declares that the laws of the United States are the "supreme law of the land." This section, called the Supremacy Clause, ensures that the country's citizens, state legislatures, and courts are bound first and foremost by the laws of the United States.
Art. VII, § 5 [the "Penalties Clause"], provides, with certain exceptions, all fines, penalties, and license money arising under the general laws of the state. . shall belong and be paid over to the counties respectively where the same may be levied or imposed,....
6. The right of trial by jury shall remain inviolate, but the Legislature may authorize trial by a jury of a less number than twelve in courts inferior to the District Court, and may by general law authorize a verdict in civil cases in any court by not less than fivesixths of the jury.
Since punitive damages are not allowed under Nebraska law, defendants request an order striking plaintiff's claims for punitive damages under Tennessee and Georgia law. Federal district courts, sitting in diversity, must apply the choice-of-law rules of the state in which the court sits.
Art. V ( The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments. . .. ).
Article VII, § 5, mandates that fines and penalties be appropriated solely for the use and support of the common schools. "A statute which imposes liability for actual damages and additional liability for the same act provides a penalty." Abel, 170 Neb.