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Ocelot II

(122,649 posts)
9. In 1995 the Minnesota Supreme Court held that the state constitution protects
Thu May 5, 2022, 09:15 PM
May 2022

a woman's right to get an abortion and to receive state funds for it, finding that there is a right to privacy that covers reproductive rights, and further refused to follow a U.S. Supreme Court case, McRae, holding that refusing to provide government funding for abortions doesn't violate the federal constitution. Instead, the Minnesota court relied on Justice Brennan's dissent in that case. The state court isn't bound by US Supreme Court precedent when interpreting the state's constitution.

"This court has long recognized that we may interpret the Minnesota Constitution to offer greater protection of individual rights than the U.S. Supreme Court has afforded under the federal constitution. ... In some cases, we have in fact interpreted the Minnesota Constitution to provide more protection than that accorded under the federal constitution or have applied a more stringent constitutional standard of review. We find that this is one of those limited circumstances in which we will interpret our constitution to provide more protection than that afforded under the federal constitution."
http://users.soc.umn.edu/~samaha/cases/women%20of%20mn%20v%20gomez.htm

The GOP will keep trying, but this case and the state constitution will make it very difficult for them.

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Again, Minnesota is an island in the Midwest [View all] question everything May 2022 OP
WI got fucked sideways by 2010 and Snotty Walker TheRealNorth May 2022 #1
Or as I call him Wanker..... a kennedy May 2022 #12
It's the Canadian connection, and urbanization Metaphorical May 2022 #2
You forgot Idaho geardaddy May 2022 #7
My son has been going to law school in Minneapolis to graduate in a week. LizBeth May 2022 #3
Don't forget Illinois. murielm99 May 2022 #4
Yes, illinois mandated masks PortTack May 2022 #5
Not only that, murielm99 May 2022 #6
No, but I was looking at the upper Midwest question everything May 2022 #10
And, for now, Iowa dflprincess May 2022 #8
In 1995 the Minnesota Supreme Court held that the state constitution protects Ocelot II May 2022 #9
It is my homeland Lulu KC May 2022 #11
Latest Discussions»Region Forums»Minnesota»Again, Minnesota is an is...»Reply #9