A west-central Minnesota prosecutor wants the state Court of Appeals to reconsider a Ramsey County judge's decision that struck down many state abortion restrictions.
Traverse County prosecutor wants to appeal ruling declaring abortion restrictions unconstitutional
Judge Thomas Gilligan will again make the ruling, plaintiff expects to appeal.
August 4, 2022 at 10:00PM
Traverse County Attorney Matthew Franzese on Thursday filed what is called a motion to intervene in the Doe v. Minnesota case. The action comes a week after state Attorney General Keith Ellison said he would not appeal Ramsey County Judge Thomas Gilligan's decision in the Doe case.
On July 11, Gilligan ruled unconstitutional many abortion restrictions, including the 24-hour waiting period, parental notification requirements and informed consent. Franzese faults Ellison for not seeking a definitive ruling from a higher court that would carry broader, statewide jurisdiction.
The prosecutor's motion, filed by notable lawyer Erick Kaardal, argued that Franzese needs clarity on whether he can enforce abortion restrictions. And at least one other legal expert says Franzese has a point — that Gilligan's ruling isn't binding on other Ramsey County judges, let alone other jurisdictions.
The 22-page motion to intervene said the Ramsey County ruling "interferes" with Franzese's ability to prosecute violations of state abortion laws. "This is despite the fact that the judgment is not binding in Traverse County, because doubt and confusion still exists about the enforceability of these statutes," Kaardal wrote.
In response to the new filing, Ellison spokesman John Stiles said the attorney general "defended the constitutionality of those laws for three solid years, at great cost to Minnesota taxpayers. In his carefully considered opinion, any appeal is not likely to change the outcome and is not in the broad public interest."
Kaardal already tried unsuccessfully to intervene in the case on behalf of Pro-Life Action Ministries. The Court of Appeals denied that request, saying Pro-Life Action Ministries didn't have legal standing to step in.
Kaardal said this time, he is working on behalf of a prosecutor who does have legal standing.
Kaardal is working on the case as special counsel for the Thomas More Society, a Chicago-based Catholic national nonprofit that opposes abortion and same-sex marriage. He has asked Gilligan for an expedited hearing on his request to intervene because he has only 60 days to appeal the Ramsey County ruling.
Regardless of what Gilligan decides, Kaardal said he will go to the state Court of Appeals again.
If Gilligan allows him to intervene, Kaardal said he expects to immediately file the appeal with the appellate court, which would automatically take the case.
If Gilligan doesn't allow him to intervene, Kaardal said he would appeal the denial to the Court of Appeals.
Retired Hennepin County District Judge Kevin Burke found Kaardal's argument compelling, saying he doesn't think Gilligan's ruling binds other Ramsey County judges, let alone judges in other district courts.
"District court judges often do differ and are free to do so until there is an appellate decision," Burke said. "So the argument that there needs to be a decision by the Court of Appeals has some merit to it."
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