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Thursday, July 14, 2022

The Minnesota abortion ruling grounded upon Minnesota's Constitution. Some links.

Dan Burns posts, linking to MPR

Minnesota Reformer. NBC.

Alpha News is disrespectful of the District Court's opinion, but at least respects public rights of access and ability to study the underlying news; i.e., unlike most other outlets, Alpha News posts and links to the full opinion online so you can read it (140p) if inclined. 

That opinion is what will be on appeal, what the Minnesota Supreme Court will consider in its deliberation, decision, and publishing of its final Minnesota Constitutional law interpretation. 

Such final judgment will stand as Minnesota's law, under Alito's Dodd opinion which leaves the States to mop up after Roe's federal right to abortion was gutted as no longer existent.

 A state can duly be more protective of personal rights and freedoms than the federal government might be, and a State is NOT constrained nor confined to any originalist BS dogma seeking to peruse only expressly enumerated rights in a most narrow fashion. 

Unless and until the Minnesota Supreme Court rules otherwise: A right to privacy exists as a Minnesota Constitutional right, and it is upon that privacy right which Minnesota precedent (Gomez) grounds the ancillary right of pregnant persons to choose and undergo an abortion as an available medical procedure a patient and healthcare provider may utilize, with the right being a fundamental right subject to strict scrutiny (where this recent District Court opinion (and Gomez ) found and held there to be insufficient valid State interest in wrongly impeding or wishing to impede or constrain any pregnant woman's exercise of her Constitutional right). Gomez declined to follow federal law under which indigent women faced an inequality at law whereby taking a pregnancy to term was subsidized but abortion was not; the Gomez court holding that to be a breach of equal protection under law guaranteed by the Minnesota Bill of Rights.

BEST ONLINE COVERAGE? Axios - Twin Cities gets the Crabgrass hat-tip for linking to the opinion itself while reporting, and having the best image (Dan Burns having the second best image - his being somewhat more politicized than that of Axios).

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PARTING SHOT: To those saying as the Vatican opines, life begins at conception and they are murdering little humans, the most cogent response is centuries old, Rene Descartes,' 

"Cogito, ergo sum."

Cogito not in utero.

non-Cogito? A mere tissue lump, needing ongoing attachment to a placenta - every moment of a pregnancy - to even exist. A symbiosis which a pregnant woman should not be forced to endure if she chooses not to want it. 

End of story.