Keith Ellison says he'll defend Minnesota abortion laws in court

Some wondered how state attorney general, an abortion-rights advocate, would respond.

Attorney General Keith Ellison spoke at an inclusivity forum on Friday, June 21, in Fergus Falls, Minn.
Attorney General Keith Ellison spoke at an inclusivity forum on Friday, June 21, in Fergus Falls, Minn. (Star Tribune/The Minnesota Star Tribune)

Attorney General Keith Ellison intends to defend a slate of state laws restricting abortion access against a recent legal challenge, despite his personal views on the issue.

"My job is to defend the laws of the state of Minnesota without regard to my own personal opinions," Ellison said during a forum in Fergus Falls, Minn., on Friday. "That's the job that I have, that's what I signed up for, and that's what I'm going to do."

The comments, prompted by a question about how he will approach such cases given his history of supporting abortion access, marked the DFL attorney general's most definitive public statement on the lawsuit since it was filed in late May.

The lawsuit, brought by legal advocacy groups Gender Justice and the Lawyering Project on behalf of two anonymous health professionals and First Unitarian Society of Minneapolis, is aimed at overturning a series of laws supporters say deny women access to constitutionally protected abortion services and "impose burdensome and unnecessary restrictions" on providers.

Targeted statutes include a 24-hour waiting period, two-parent notification requirements for patients under 18, and a provision mandating that fetal remains be buried or cremated.

The challenge also seeks to strike the requirement that all abortions be performed by a physician. Several other states, including California, Colorado and Vermont, allow nurse practitioners or other health professionals to perform some procedures.

Gender Justice Legal Director Jess Braverman said she wasn't surprised or concerned by Ellison's vow to defend the statutes. She noted that it isn't unusual for cases to force attorneys to take professional positions that may conflict with their personal views.

"We are prepared for the state to put on a vigorous defense," Braverman said. "We believe in the end the court will find these laws to be unconstitutional."

Abortion opponents, meanwhile, welcomed Ellison's latest comments. Minnesota Citizens Concerned for Life spokesman Paul Stark said the targeted measures have "helped empower and protect thousands of women" over the years.

"The taxpayers of Minnesota deserve a vigorous defense of our common-sense abortion laws," he said.

The lawsuit is politically awkward for Ellison, the state's top prosecutor, as well as for DFL Gov. Tim Walz, who is also named in the suit in his role as the state's chief executive. Both support abortion rights, and Ellison has joined legal actions targeting restrictions on reproductive rights handed down by the Trump administration. Ellison had previously said that his office was reviewing the case and that while he personally supports abortion rights, he has a "duty to defend the constitutionality of Minnesota statutes and will do so in this case."

"It's my job to represent the state, so we're going to do a good job," he said in an interview after the Fergus Falls event. "I maintain my own personal views, but it's just the way it is."

Ellison initially faced a June 24 deadline to file an official response to the lawsuit. On Friday, a judge granted his office's request to extend that date to July 31. Attorneys for the state had argued that more time was needed given the length and complexity of the complaint.

"My job is to defend the laws of the state of Minnesota without regard to my own personal opinions," Attorney General Keith Ellison said at a listening session in Fergus Falls, Minn.
“My job is to defend the laws of the state of Minnesota without regard to my own personal opinions,” Attorney General Keith Ellison said at a listening session in Fergus Falls, Minn. (Star Tribune/The Minnesota Star Tribune)
Attorney General Keith Ellison spoke at the end Friday prayer at Dar Al-Farooq Islamic Center in Bloomington, Minn., on Friday, March 15, 2019. He was encouraging Muslims to to no be afraid to be part of the community after the New Zealand mosque attacks. At right is Dar Al-Farooq executive director Mohammed Omar (center) and guest speaker Imam Asad Zaman. ] RENEE JONES SCHNEIDER ¥ renee.jones@startribune.com
“My job is to defend the laws of the state of Minnesota without regard to my own personal opinions,” Keith Ellison said at a recent listening session in Fergus Falls, Minn. (The Minnesota Star Tribune)

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Torey Van Oot

Politics and Government

Torey Van Oot reports on Minnesota politics and government for the Star Tribune.

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Stephen Montemayor

Reporter

Stephen Montemayor covers federal courts and law enforcement. He previously covered Minnesota politics and government.

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