The Supreme Court of Minnesota:

A Legacy of Activism

Summary of the Minnesota Supreme Court Whitepaper

For a PDF copy of the full Minnesota Whitepaper, please click here

Though upholding the state’s fetal homicide laws, the Minnesota Supreme Court has shown increasingly activist tendencies and hostility toward state limitations on abortion rights.

Life Issues

Abortion

In Women of the State of Minnesota v Gomez, the Center for Reproductive Law and Policy claimed that the Minnesota constitution required the state’s medical assistance pay for abortion on demand. The Center brought suit on behalf of “Jane Doe,” though there was no evidence Jane Doe existed. The trial court held that not funding “health related” abortions violated the state’s equal protection clause. Though the Minnesota Constitution did not contain an equal protection clause, the Minnesota Supreme Court upheld the trial court’s ruling, finding that the Minnesota constitution incorporates the rights the United States Supreme Court finds in the U.S. Constitution. “Because the USSC has held that there is a federal constitutional right to an abortion, the Minnesota Constitution also protects that right.” Presumably, however, if Roe were reversed, there would be nothing to incorporate into the Minnesota constitution and no right to abortion would exist in the state.

Protection of the Unborn from Criminal Violence

In 1985, the Minnesota Supreme Court held the state fetal homicide statute, which prohibited the killing of a “human being,” did not criminalize the killing of an 8-month-old fetus. The state legislature then passed a fetal homicide statute criminalizing causing the death of an “unborn child.” “Unborn child” was defined as “the unborn offspring of a human being conceived but not yet born.” The Court upheld the statute in State v Merrill, holding that the state may criminalize the act even if the fetus is not a human being. The majority reasoned that the right established by Roe was the mother’s right and that the state still retained the right to protect the potentiality of human life from assault by another party. The minority argued that the state did not have a compelling interest in the potential human life until the fetus became viable. In State v Chao Yang, the Minnesota Court of Appeals again upheld the fetal homicide statute and the Supreme Court denied petition for review of the opinion.

Assisted Suicide

The Minnesota Supreme Court has not interpreted the statute prohibiting assisted suicide.

Healthcare Rights of Conscience

The Minnesota Supreme Court has not heard a case challenging the statute that protects the right of conscience not to participate in an abortion.

Cloning and Destructive Embryo Research

The Minnesota Supreme Court has not heard a case involving cloning or destructive embryo research. The state statute providing that use of a “living human conceptus” for any type of scientific laboratory research or other experimentation” is guilty of a gross misdemeanor, which defines “living” as “the presence of the evidence of life, such as movement, heart or respiratory activity,” has not been enforced against entities such as the University of Minnesota conducting embryonic stem-cell research.

Judicial Restraint

The Supreme Court of Minnesota has developed a reputation for being an activist court. In the 1996 case Derus v Higgins, the Court claimed that it has “inherent authority” to assume powers not granted either by state constitution or the law, though “inherent authority” is beyond the scope of the power granted to the Court by the constitution and state law. The Court, however, appears to choose to exercise this inherent authority in circumstances in which it is most convenient to advance its own agenda.

The Court

The Supreme Court of Minnesota is comprised of seven justices who are elected for six-year terms. In the event of a vacancy, the governor appoints a replacement. A tacit understanding has developed that justices resign before their term is up, allowing the governor to appoint a replacement. Though the appointed judge must run for reelection, the judge is designated as the incumbent on the ballot and routinely wins. The Minnesota Supreme Court White Paper contains a table of biographical information for each current member of the Court.