on 10/15/19, New Republican House Caucus leader Rep. Steve Drazkowski and Rep. Tim Miller spoke in support of a limited intervention filing in the case of Doe v. Minnesota. (We wrote previously about it here). In a nutshell, the case, brought by Gender Justice and the Unitarian Society of Minnesota seeks to remove all legal restrictions, regulations, and data collection from providing Abortion in Minnesota. The plaintiffs hope to extend the decision in Doe v. Gomez, which asserted that if federal dollars could not be used to pay for abortions, Medicaid recipients should have them paid by the state. This new lawsuit would seek to remove all parental consent laws, woman's right to know laws, and any regulations that relate to abortion clinics or providers.
The intervention by Pro-Life Action Ministries and The Thomas More Society points out that under the Minnesota Constitution, these plaintiffs have no right to sue because the Constitution does not recognize "a private cause of action." In other words, a state may not be sued for following its own law and constitution. The plaintiffs in Doe v. Minnesota claim that Minnesota law violates their constitutional rights.
What's more, in the standard procedural motion to dismiss that Attorney General Keith Ellison submitted, he did not mention this fatal flaw in their case. Most likely because Ellison agrees with the plaintiffs as he loudly proclaimed while campaigning for office. As late as this June, he was still telling the media that he planned to defend the laws of the state, such as laws on abortion, even if he didn't agree with him. The move to dismiss without including an obvious and basic legal defense that would blow a hole in the plaintiff's case demonstrates the Ellison isn't planning to work at all to defend current state laws. Instead, he wants activists he agrees with to define Minnesota law instead.
Here is a video of the press conference from one of the plaintiffs, the Thomas More Society.