Minnesota Attorney General Keith Ellison said his office won't challenge a recent ruling that struck down many state abortion restrictions, including a 24-hour waiting period and informed consent and parental notification requirements.
Minnesota Attorney General Keith Ellison won't appeal ruling overturning abortion restrictions
He said he has a duty to consider the broader public interest.
July 29, 2022 at 12:09AM
Ellison's decision comes more than two weeks after a district court judge ruled that many state laws restricting abortion access were unconstitutional, immediately blocking their enforcement. By not appealing, Ellison's move will indefinitely ensure expanded access to abortion in Minnesota, now a haven for the procedure in the Midwest following the overturning of Roe v. Wade.
"I must consider the broad public interest in deciding whether to appeal any court outcome, including rulings related to the constitutionality of state laws," Ellison said in a lengthy statement about his decision. "The public interest includes a number of factors, including the likelihood of success of an appeal, the proper and careful use of state resources, the impact on other areas of state law, and the public's need for finality."
In his 140-page ruling in the case known as Doe v. Minnesota, Ramsey County District Judge Thomas Gilligan cited the 1995 state Supreme Court ruling in Doe v. Gomez, which found abortion access was a constitutional right and certain restrictions were a violation of the right to privacy. Ellison said he thought it was "unlikely" the state would get a different result if it appealed.
Scott Fischbach, executive director of Minnesota Citizens Concerned for Life, the state's largest anti-abortion organization, said he's "deeply disappointed" that Ellison didn't appeal. "Doe v. Minnesota is an extreme and mistaken ruling that eliminated commonsense abortion policies in Minnesota," Fischbach said.
Abortion rights advocates are waiting to see if anyone will try to intervene in the case and appeal during the 60-day window following the July 11 ruling. In the meantime, they celebrated Ellison's decision, saying it will expand abortion access at a time when there's increased demand and a backlog of appointments in Minnesota.
"We hope abortion care is seen for what it is," said Jess Braverman, legal counsel for Gender Justice, one of the groups that sued to undo the abortion regulations. "It's health care like anything else and it shouldn't be targeted with extra restrictions."
Abortion access has become a top issue in Ellison's campaign for a second term this fall, with the DFLer vowing to defend women traveling to Minnesota to seek abortions.
The top two GOP candidates for attorney general — Jim Schultz and Doug Wardlow — criticized Ellison's decision, saying they would appeal if they held the job.
"Yet another dereliction of duty by Keith Ellison. All motivated by his far-left politics," Schultz, the Republican-endorsed candidate, said in a tweet on Thursday. "These bi-partisan statutes are clearly constitutional and Minnesota deserves an Attorney General who will stand up to activist judges."
Wardlow accused Ellison of "pushing his pro-abortion agenda" and said he would do everything in his power to defend the law, including appealing decisions when they don't go "the right way."
Ellison's office has been in litigation in Doe v. Minnesota for more than three years, after abortion rights groups sued to try and cancel more than a dozen restrictions in one fell swoop.
He estimated his staff has spent more than 4,000 hours and upwards of $600,000 defending those laws. Ellison said he makes appeal decisions on a case-by-case basis, declining to appeal rulings in other cases. DFL Gov. Tim Walz, listed as a defendant in the case, has said the ruling was "clear" and that he wouldn't ask Ellison to appeal.
"I have made clear throughout that my personal view has been that the challenged laws were not good public policy," Ellison said. "I have nonetheless vigorously defended those laws."
Gilligan's ruling immediately blocked regulations such as a 24-hour waiting period between consulting with a physician and getting an abortion, as well as a two-parent notification requirement for patients younger than 18.
His ruling blocked an informed consent requirement in order to get the procedure and a law requiring that abortions after the first trimester be performed in a hospital. The ruling also undid a mandate that only physicians can perform abortions, including medication abortions, which abortion providers say will dramatically expand access in the state.
Ellison said pregnant Minnesotans, abortion providers and anyone considering working for those providers need clarity on state law related to abortion.
"A costly appeal that is unlikely to succeed will serve only to further delay the finality that all Minnesotans need and deserve," he said. "Allowing this decision to stand promotes that finality, especially as it is effective in every county of our state."
After Roe was overturned, restrictions on abortion kicked in immediately in neighboring states such South Dakota and Wisconsin, making Minnesota a destination in the region for patients seeking abortions. Other neighboring states are expected to enact abortion restrictions.
The July ruling upheld some state abortion regulations, including a requirement for physicians to report certain information to the state on abortions they provide, although the ruling eliminated criminal penalties related to noncompliance.
Staff writer Jessie Van Berkel contributed to this report.
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