As first reported by the Star Tribune, Minnesota’s solicitor general Liz Kramer has filed a motion to dismiss a frivolous lawsuit brought by radical abortion activists earlier this year.
The subject of the lawsuit is Minnesota’s reasonable health and safety protections for women. Minnesota’s bipartisan laws regarding a sometimes-dangerous procedure, such as requiring that only physicians perform abortions and providing women factual non-biased information about abortion before undergoing it, are pure common sense and supported by most Minnesotans. This lawsuit seeks to create a lawless and unsafe environment that would hurt women in Minnesota, whom these laws are designed to protect.
Solicitor General Liz Kramer’s 27-page filing (read the whole thing here) asked the court to dismiss the lawsuit because, among other reasons, the plaintiffs failed to demonstrate that the laws harmed them in any way. “The Plaintiffs want to re-write Minnesota law with respect to abortion,” Kramer wrote “The courts are not the right vehicle for that effort—the Legislature is.”
The State of Minnesota is correct to point out that, if abortion activists want to pursue changes to Minnesota’s abortion laws, many of which enjoy the support of both parties, they should do so through the legislature, rather than hoping to benefit from judicial activism.
Some of the laws targeted by the lawsuit are listed below:
Woman's Right to Know, which ensures informed consent prior to abortion.
The law requires women receive factual non-biased information about the abortion procedure so they can make an informed decision, without putting an undue burden on clinics, doctors and patients.
Parental notification, which ensures that parents are notified before a teenage daughter undergoes abortion.
As with other major procedures, it is imperative that parents are involved in the medical decision-making process alongside their children. This law helps ensure that young women are making decisions that are truly in their best interest, with the knowledge and support of their parents.
Abortion data reporting, which ensures that basic data about abortion in Minnesota is collected and anonymously reported.
Minnesota’s abortion data requirements are simple common-sense data collection. Collecting this data provides valuable information for the public and does not place an undue burden on clinics, doctors, or patients or pose any risk to patient privacy.
Physician-only requirement, which requires that people who perform abortions be licensed doctors.
The state legislature and medical licensing boards ensure that major medical procedures are only performed by physicians for the safety of all patients. It would be outside the court’s prerogative, and dangerous for patients, to overturn this precedent.
Fetal disposal law, which requires that the remains of aborted children not be thrown in the trash or sold for profit.
Fetal remains should be treated with dignity. Fetal remains laws are in place to ensure this, and to keep unscrupulous clinics from selling them to the highest bidder or dumped in a garbage bin.
24-hour waiting period, which requires a waiting period before an abortion is performed
This is a commonsense protection to ensure that women not only have the facts but are also given the time to think through their decision.
