County Prosecutor Seeks to Appeal Ruling on Abortion Restrictions

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MINNEAPOLIS (AP) — A Minnesota prosecutor wants the state Court of Appeals to reconsider a judge’s ruling that many state abortion restrictions are unconstitutional.

Traverse County Attorney Matthew Franzese on Thursday filed a motion to intervene in the Doe v. Minnesota case. The filing comes a week after state Attorney General Keith Ellison said he would not appeal Ramsey County Judge Thomas Gilligan’s decision in the Doe case.

Last month, Gilligan struck down many abortion restrictions, including the 24-hour waiting period, parental notification requirements and informed consent. Franzese said Ellison should have sought a ruling from a higher court that would carry broader, statewide jurisdiction.

Franzese argues that he needs clarity on whether he can enforce abortion restrictions. And at least one other legal expert says Franzese has a point — that Gilligan’s ruling isn’t binding on other Ramsey County judges, let alone other jurisdictions, the Star Tribune reported.

“This is despite the fact that the judgment is not binding in Traverse County, because doubt and confusion still exists about the enforceability of these statutes,” said attorney Erick Kaarda, who filed Franzese's motion.

Ellison spokesman John Stiles said any appeal is not likely to change the outcome and is not in the broad public interest.

Kaardal already tried unsuccessfully to intervene in the case on behalf of Pro-Life Action Ministries. The Court of Appeals ruled Pro-Life Action Ministries didn’t have legal standing to step in.

Kaardal said this time, he is working on behalf of a prosecutor who does have legal standing.