'Not on my watch,' Walz says as leaked SCOTUS opinion suggests end of Roe v. Wade
The leaked draft opinion suggesting that the federal law protecting the right to abortion is about to be repealed sparked furore overnight, and prompted Minnesota's Governor Tim Walz to issue a statement saying: "Not on my watch."
Politico reported Monday evening that it had received a leaked draft copy of a majority decision opinion by Supreme Court Justice Samuel Alito that repeals Roe v. Wade, the landmark 1973 Supreme Court ruling guaranteeing the right to abortion.
The ruling had been challenged by the State of Mississippi, that wanted to not only ban abortions after 15 weeks, but asked the Court to rule there is no constitutional right to an abortion before a fetus is viable.
As the New York Times notes, Roe v. Wade currently allows states to regulate but not ban abortion before the point of viability (around 24 weeks).
The repeal would put the issue of abortion back with the states, and would make abortions illegal automatically in 12 of them – including North and South Dakota.
The report sparked outcry from Democrats, with Minnesota Sen. Tina Smith, a former executive at Planned Parenthood Minnesota, tweeting: "This is bullshit."
"When I worked at Planned Parenthood in Minnesota, I saw firsthand how women had the capacity to make the right decisions for themselves. How dare Justice Alito and other Supreme Court justices think they know better.
“There is nothing more American than the right to freedom, autonomy, and self-determination. Yet the Supreme Court is preparing to strip that away for half the country."
Sarah Stoesz, CEO of Planned Parenthood North Central States, said: "This leaked opinion is horrifying. We all knew the day could come that safe and legal abortion would be decimated in our country, and now we are facing that reality. It is true that individual Americans may have different moral views on abortion, and this is exactly why the strong majority of people in our country believe that this decision must be left up to individuals themselves."
While Walz has vowed to oppose any anti-abortion legislation in Minnesota, he is facing re-election this November.
The leading Republican candidates, among them Scott Jensen, Kendall Qualls, and Paul Gazelka, have said they will attempt to ban or restrict access to abortion if they were to defeat Walz in November.
In a tweet Monday evening, Jensen said: "PROTECT THE LIFE OF THE UNBORN
Polls have found that the majority of Americans, around 6 out of every 10, are in favor of keeping Roe v. Wade.
What would happen in Minnesota?
Nothing for now.
Minnesota has a law guaranteeing the right to abortion that is even stronger than the federal law, Doe v. Gomez in 1995, with the Minnesota Supreme Court ruling that the right to have an abortion and to make the decision to have an abortion was encompassed in the right of privacy under the Minnesota's Constitution.
Per Axios, overturning Doe v. Gomez would require either a constitutional amendment, which would have to be ratified by Minnesota voters in a statewide referendum, or it would have to be challenged and repealed in the courts. Axios notes that even groups opposing abortion have acknowledged that repealing Doe v. Gomez would be a difficult proposition.
That said, there have been sentiments expressed by Republicans in the Minnesota Legislature this year that they could consider bills that would not ban abortion outright, but would restrict them severely like has happened in states such as Texas, which banned abortions after 6 weeks and allows private citizens to sue anyone who helped someone get an abortion.
Expect bills like this to emerge if the Republican Party wins control of both the House and the Senate in this year's mid-terms, as well as the Governor's House. These would likely be subject to challenge in the courts because of the protections afforded by Doe v. Gomez.
This in turn prompted DFL Party chairman Ken Martin to proclaim that "abortion is on the ballot this November in Minnesota and across America."
Minnesota could become abortion 'island'
If Roe v. Wade is indeed repealed, it would make abortion immediately illegal in 12 states, among them the Dakotas – where any repeal of Roe v. Wade would set off a "trigger law" outlawing abortion within 30 days.
Currently, the nearest abortion clinics for many of those living in North and South Dakota – as well as many of those living in western Minnesota – are in Fargo and Sioux Falls, respectively.
If those close down, it could see more people traveling to Minnesota to terminate pregnancies, which in turn has led to concerns that Minnesota's family planning providers could be overwhelmed. The Pioneer Press reports that the Fargo abortion clinic is already considering moving across the border to Moorhead.
What's more, the Guttmacher Institute lists Wisconsin and Iowa among the states that could ban abortion entirely following Roe's removal.
DFL House Majority Leader Ryan Winkler has said he is committed to keeping Minnesota "a sanctuary where women are free to make their own health care decisions,"
