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While supporters of reproduction rights here in Minnesota are outraged by the U.S. Supreme Court decision Friday abolishing any federal constitutional right to an abortion in the Dobbs v. Jackson Women's Health case, many feel secure that abortion rights will continue to survive in Minnesota because of the recognition of those rights under the state Constitution.
But they ought to wipe that "what, me worry?" look from their countenances.
The comfort zone in Minnesota stems from the ruling in 1995 by the Minnesota Supreme Court in Doe v. Gomez recognizing the implicit, but unwritten, right of women under three different provisions of the state Constitution to make "a private decision" to have abortions as a "fundamental right of privacy," independent from and even broader than the procedure's permissibility under the federal Constitution as a result of the high court's ruling in Roe v. Wade 22 years earlier.
Because of that state court ruling, by a decisive 6-1 vote, reproductive rights adherents have taken on that contented visage of MAD magazine's Alfred E. Neuman character. Anticipating the Roe reversal following the leak of the draft opinion last month, they even have been promoting Minnesota as an abortion rights haven for women from other states with more restrictive prohibitions.
But a ruling last week by the Supreme Court in Iowa ought to make them worry.
In a decision issued a week before the Dobbs ruling, the Supreme Court of the Hawkeye State , in a case titled Planned Parenthood v. Reynolds, overturned its own four-year-old precedent recognizing abortion rights under its state constitution. In that prior case, the Iowa court had ruled, like the Minnesota case 23 years earlier, that the state constitution affords women the right to abortion irrespective of the federal Constitution and Supreme Court rulings under it.