Democrats propose stripping abortion restrictions from Minnesota lawbooks

Minnesota Democrats are moving to strip longstanding abortion restrictions etched into state lawbooks, the second piece of a broader push to ensure access to the procedure after the reversal of Roe v. Wade.

Their proposal would eliminate a 24-hour waiting period written into law for patients seeking abortion, as well as a two-parent notification law for minors and an informed consent requirement. It would also get rid of a requirement that only a physician can provide abortions.

"It chills access to abortion," said Rep. Tina Liebling, DFL-Rochester, who is sponsoring the proposal. "That is in fact what some lawmakers wanted when they passed these laws."

Those laws currently aren't in effect since a July ruling from a Ramsey County judge found them unconstitutional, but proponents of the change say a future judge could rule differently if the laws remain in statute. A group of women opposed to abortion are arguing in court to appeal that ruling.

The bill to strip regulations is moving in tandem with another to add abortion as a fundamental right in state law. Both bills have drawn fierce opposition from abortion opponents, who say Democrats are using complete control of government to push abortion policies that would make Minnesota an outlier in the nation.

"It's a breathtaking grab bag of deletion and repeal," said Dr. Steven Calvin, a physician specializing in OB-GYN, who called the proposals "legislative malpractice" during a House committee hearing on the bill last week.

The proposal from Democrats goes beyond restrictions addressed in the court's ruling. It eliminates one law that makes it a felony to sell medicine to produce a miscarriage, which Liebling noted has not been enforced for many years.

Opponents of abortion are pushing back on eliminating another state law prohibiting the use of MinnesotaCare to pay for abortions in almost all circumstances. Jason Adkins, executive director of the Minnesota Catholic Conference, told legislators their group was part of the creation of the program, which provides subsidized health care coverage to low-income Minnesotans.

"I would strongly urge you not to infuse abortion politics into important programs serving families such as MinnesotaCare and respect the perspective of organizations and communities who have been advocates for these programs," Adkins said.

Democrats, who now control the Legislature and the governor's office, attribute their majorities to fury from voters over the June U.S. Supreme Court ruling to overturn Roe v. Wade. They've made shoring up abortion access in Minnesota a top priority as other midwestern states enact abortion bans.

In Wisconsin, abortion procedures immediately halted when Roe was overturned because of an 1849 law that makes it a felony to perform an abortion.

"Old laws come back to sow chaos and confusion," said Christy Hall, a staff attorney at Gender Justice, which challenged Minnesota's restrictions in court.

The removal of the two-parent notification requirement for Minnesotans under 18 has become a point of contention between the two parties, with Republicans arguing the provision ensures parents are made aware if their child is struggling with an unwanted pregnancy.

"That familial unit, there's intrinsic value to that," said Rep. Danny Nadeau, R-Rogers. "It's an important component to put back in this bill."

Liebling said that requirement has been challenging for people who don't have supportive relationships with their parents, in some cases blocking them from getting access to abortion care.

"Probably all of us who are parents want to have that relationship with our child," she said. "It is there to protect minors who I think don't have a supportive parent."

Democrats are also considering taking up legislation this session to provide legal protection to people who travel to Minnesota for the procedure from states where abortion is restricted.