Thanks to the retirement of one of the nine justices of the U.S. Supreme Court, the abortion issue has just moved back to center stage in this year's campaigns for governor and the Minnesota House.
Not that it's been exactly hiding in the wings, mind you. Since it first appeared in legislative races in Minnesota in 1970 — three years before Roe vs. Wade — abortion has been a regular player in state elections. It got top billing for a long while as the driving force realigning the two political parties, pushing anti-abortion DFLers into Republican ranks and making DFL voters out of pro-choice Republicans.
But that swap eventually became old news. Lately, the issue has been akin to an aging vaudevillian, trotted out at partisan confabs to croon a few familiar bars and take a bow for the party faithful. Rarely in recent years has it been a featured theme in campaign ads or a sparring point in debates.
That just changed, courtesy of the impending retirement of Justice Anthony Kennedy. He may have been an unpredictable swing vote on many matters. But when the issue was abortion, Kennedy was a stalwart defender of a woman's right to choose. A New York Times editorial said that as the court has become more conservative in recent years, Roe vs. Wade was preserved "solely on the strength of Justice Kennedy's vote."
What's his departure got to do with the governor's race and the state House in Minnesota?
Consider this scenario: Kennedy is succeeded yet this year by a justice tapped by President Donald Trump and confirmed by the Republican Senate in large part because of his or her desire to reverse Roe at the earliest opportunity. That opportunity comes in 2019. (OK, that may be a little soon, but it's a possibility.) On a 5-4 vote, Roe is overturned. The question of abortion's legality is left to the states to decide, as they could before 1973.
That would allow the 2020 Legislature and governor to take up the question of whether Minnesota would be among the states that outlaw abortion. In office that year will be the governor and state House elected this fall, plus the Senate elected in 2016. The Senate is now composed of 33 DFLers, 33 Republicans and one vacant seat to be filled in a special election — a seat long held by Lt. Gov. Michelle Fischbach, the daughter and wife of leaders of Minnesota Citizens Concerned for Life.
That's why Sarah Stoesz of Planned Parenthood Minnesota, North Dakota, South Dakota Action Fund has been saying since the Kennedy news broke: "Never has the abortion issue been so front and center as it is for Minnesotans in this election."