Judge strikes down most Minnesota abortion restrictions
A while ago I blogged that this needs to happen. I’m certainly not suggesting that my blogging is a driving force in the real world, of even the most infinitesimal proportions.
A Ramsey County judge on Monday ruled that many of the state’s existing restrictions on abortion violate Minnesota’s constitution.
Judge Thomas Gilligan ordered state officials to stop enforcing the restrictions including the two-parent notification law for minors, a 24-hour waiting period, a requirement that only physicians perform abortions, as well as a requirement that abortions after the first trimester be performed in a hospital.
He also struck down felony penalties for abortion providers who run afoul of state regulations, as well as laws that require providers to inform pregnant women of the procedure’s “particular medical risks.”
Gilligan wrote that the laws “violate the right to privacy because they infringe upon the fundamental right under the Minnesota Constitution to access abortion care.”
Gilligan is a Mark Dayton appointee.
Presumably you’re thinking the same thing about this that I am, namely, will it stand? Heck if I know. The Minnesota State Supreme Court is a “moderate” bunch that seems to prefer to avoid any hint of what partisans on all sides, including myself, call “legislating from the bench,” when we don’t like particular decisions. That said, those preposterous restrictions absolutely are violations of fundamental rights. They’re also a bunch of rinky-dink crap, especially the one about “particular medical risks.” I would think the MN Supremes would see their way to upholding this, if they just bring common sense, and real respect for basic rights, to bear. It would be good if judges everywhere considered that to be part of their jobs.
Comment from Mac: Side comment … “age of consent” is a funny thing … I am not sure what the current status of what people can do at what age … but I thought that no one under the age of 18 could get a tattoo … and ya had to be 16 to use a tanning bed … didn’t the legislature just raise the age for buying nicotine to 21 … and lots of other things.
So, here is the funny thing … in Minnesota, isn’t the age of consent for sexual activity is 16 … yet a pregnant 16 would have to get a parents (or judge’s) permission to get medical treatment ?
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