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Abortion is still legal in Minnesota. What would it take for that to change?

There is no state law on the books guaranteeing access. Abortion is legal in Minnesota because of case law.

ST PAUL, Minn — The overturning of Roe v. Wade made Minnesota a sort of "abortion island," with all surrounding states either banning or likely to ban abortion. 

While abortion is still legal in Minnesota, there is no law on the books guaranteeing access. 

Instead, abortion is legal in Minnesota because of case law. That case being Doe v. Gomez in 1995, in which the Minnesota Supreme Court ruled Minnesota's state constitution protects abortion rights, and further required the state to cover costs for low-income patients. Although SCOTUS has now rescinded federal protections for those seeking abortions, experts say it is unlikely the state ruling would be overturned, because most of Minnesota's Supreme Court justices were appointed by Democrats.

RELATED: How Roe v. Wade being overturned could impact midterm elections in Minnesota

However, the results of the upcoming November election could have an impact.

Right now, Minnesota's House of Representatives is controlled by Democrats and the Senate is controlled by Republicans.

But in the next election, if control of Minnesota's House and Senate is given to Republicans, they could put the question of abortion on the ballot as a constitutional amendment. So voters would get to decide whether to ban abortion in Minnesota.

Governors can't veto constitutional amendments.

RELATED: Gov. Tim Walz, challenger Scott Jensen answer questions on abortion

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