This bill would:
(1) Require abortion clinics to meet discriminatory, unnecessary, and burdensome standards;
(2) Incur a constitutional challenge based on the recent U.S. Supreme Court ruling in Whole Woman’s Health v. Hellerstedt.
In 2016, an identical Texas law was ruled unconstitutional by the United States Supreme Court.
- In a 5-3 decision, the U.S. Supreme Court ruled on June 27, 2016, that anti-abortion restrictions must be examined for the burdens they impose on women, not just their purported benefits.
- Subsequently, similar abortion restrictions have been struck down by federal courts as unconstitutional and some states have been liable for challengers’ attorneys’ fees and costs. In Wisconsin, the state agreed to pay $1.6 million to the challenger of an unconstitutional restriction on abortion rights.1
Abortion is extremely safe.
- The most recent report on induced abortions from the Minnesota Department of Health showed a complication rate of less than .01%.2 Risk of death in childbirth is 14 times higher than from abortion.
- The American College of Obstetricians and Gynecologists has stated that providing abortion in a physician’s office is both safe and appropriate.4 Surgical centers tend to provide more invasive and risky procedures and use higher levels of sedation.
- Abortion providers use rigorous standards developed by the National Abortion Federation and updated annually. They include requiring that functioning equipment and medication be available to handle on-site emergencies, as well as protocols for emergency transport.5
Like similar laws in other states, this bill is designed to shut down abortion providers, which will endanger women’s health.
- This bill would close 4 of 5 abortion clinics in Minnesota, including the only clinic in greater Minnesota.
- In Texas, where an identical licensing requirement was passed, over half of the abortion clinics in the state were forced to close.6
- A 2015 study by the University of Texas identified that between 100,000 and 240,000 women of reproductive age attempted self-induced abortion following the passage of unconstitutional clinic licensure in Texas.7
1Treleven, Ed. “State Agrees to Pay Planned Parenthood Lawyers $1.6 Million for Fees, Other Costs.” Wisconsin State Journal. 7 Sept 2016. Web. Accessed 7 Feb 2017.
2Induced Abortions in Minnesota, January-December 2015, Report to the Legislature. Minnesota Department of Health, Center for Health Statistics.
3Raymond EG and Grimes DA, The comparative safety of legal induced abortion and childbirth in the United States, Obstetrics and Gynecology, 2012, 119(2):215–219.
4American Congress of Obstetricians and Gynecologists, Guidelines for Women’s Health Care, Third Edition, Washington, DC: ACOG, 2011.
5National Abortion Federation, Clinical Policy Guidelines, 2013, <http://www.prochoice.org/pubs_research/publications/documents/2013NAFCPGsforweb.pdf>, accessed June 7, 2013.
7Welch, Ashley. “Study: 100,000 Texas Women Have Tried to Self-Induce Abortion. CBS News. 19 Nov 2015. Web. Accessed 7 Feb 2017.