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A federal judge in Minnesota has dismissed a lawsuit that sought to limit abortion access in the state.
Plaintiffs included crisis pregnancy centers and anti-abortion organizations representing several women who said they had abortions that weren’t voluntary. They filed the suit against state officials and abortion providers, claiming that Minnesota’s abortion laws are too permissive.
They argued that an abortion is essentially a termination of a mother’s relationship with her unborn child. If a mother wants to waive her right to that relationship by having an abortion, plaintiffs argued she should be required to do that in court, before a judge. Minnesota’s current laws allow a person to make that decision on their own — which plaintiffs argued leads to people getting abortions without full information about the procedure.
Judge Nancy Brasel granted a request from the defendants to dismiss the case in a ruling last week. In her dismissal, she disagreed with the plaintiffs’ argument that Minnesota’s abortion laws violate parental rights.
“No case has recognized a constitutionally protected right between a pregnant mother and her unborn child,” Brasel wrote.
Attorney Harold Cassidy represented the plaintiffs in the case. He said he plans to appeal the case and said he’s not dissuaded by the dismissal.
“It's a necessary first step,” Cassidy said. “The only thing that matters is the end result… We're confident that it's going to be successful.”
He disagreed with the judge’s finding that there’s no protected right between a mother and her unborn child. He compared abortion to legal procedures like adoption or the state removing a child from their parents for abuse or neglect — processes that require appearing in court.
“The court would have to determine that the person understands the rights they have, and if the person wants to waive those rights, the court has to make a determination that it was truly informed and completely voluntary,” Cassidy said.
Cassidy’s arguments have informed laws in other states that require people seeking abortions to get counseling — laws often pushed forward by anti-abortion advocates.
Attorney General Keith Ellison, who was named as a defendant in the lawsuit, called it an effort by anti-abortion groups to erode Minnesota’s abortion access.
“We cannot allow them to succeed in that mission,” Ellison said. “I am pleased to have defeated this latest attack on abortion in Minnesota, and I will do everything in my power to defend Minnesotans’ right to reproductive healthcare.”
Planned Parenthood North Central States was also named as a defendant. President and CEO Ruth Richardson welcomed the dismissal.
"Like all health care, everyone should have access to abortion care if and when they need it,” Richardson said.
University of Minnesota Law School professor Jill Hasday said in an interview with MPR News when the suit was filed that she didn’t expect it to succeed — but said she expects to see more challenges to legal abortion brought to court following the overturning of Roe v. Wade.
Cassidy said he plans to file an appeal in the coming weeks.
English (US) ·