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US

Minnesota governor signs bill codifying ‘fundamental right’ to abortion into law

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CNN
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Minnesota’s Democratic Gov. Tim Walz signed a bill into law Tuesday that enshrines the “fundamental right” to access abortion in the state.

Abortion is already legal in Minnesota, but in the aftermath of the US Supreme Court overturning Roe v. Wade, the Protect Reproductive Options Act goes a step further by outlining that every person has the fundamental right to make “autonomous decisions” about their own reproductive health as well as the right to refuse reproductive health care.

“This is very simple, very right to the point,” Walz said Tuesday on “CNN Tonight.” “We trust women in Minnesota, and that’s not what came out of the [Supreme Court’s] decision, so I think it’s critically important that we build a fire wall.”

With the passage of the bill, Minnesota is now the first state to codify abortion via legislative action since Roe v. Wade was reversed, the office of the bill’s lead author in Minnesota’s state Senate, told CNN.

“Last November, Minnesotans spoke loud and clear: They want their reproductive rights protected – not stripped away,” Walz said in a news release. “Today, we are delivering on our promise to put up a firewall against efforts to reverse reproductive freedom. No matter who sits on the Minnesota Supreme Court, this legislation will ensure Minnesotans have access to reproductive health care for generations to come. Here in Minnesota, your access to reproductive health care and your freedom to make your own health care decisions are preserved and protected.”

The bill states that local government cannot restrict a person’s ability to exercise the “fundamental right” to reproductive freedom. It also clarifies that this right extends to accessing contraception, sterilization, family planning, fertility services and counseling regarding reproductive health care.

“The Pro Act also goes beyond just granting those rights to abortion, it really says all reproductive healthcare decisions aren’t our business, including access to contraception, including access to really anything that is related to personal and private decisions about your reproductive life,” Megan Peterson, the executive director of pro-abortion rights campaign UnRestrict Minnesota, told CNN following Walz’s signing of the bill.

In a letter to Walz ahead of the signing, Republican legislature leaders argued that the bill went too far and urged the governor to veto what they called “an extreme law.”

“As the PRO Act was being rushed through the legislature, Republicans offered reasonable amendments with guardrails to protect women and children,” state Senate Minority Leader Mark Johnson and House Minority Leader Lisa Demuth wrote, “Sadly, each of these amendments were struck down by a Democrat majority.”

In 1995, the Minnesota Supreme Court ruled in Doe v. Gomez that abortion was a fundamental right protected under the state’s constitution. The Protect Reproductive Options Act ensures that even in the event of a new state Supreme Court reversing the ruling, the right to abortion will be protected under state law.

“By passing this law, Minnesotans will have a second layer of protection for their existing reproductive rights. A future Minnesota Supreme Court could overturn Doe v. Gomez, but with the PRO Act now in State law, Minnesotans will still have a right to Reproductive healthcare,” Luke Bishop, a spokesperson for Democratic State Sen. Jennifer McEwen, the bill’s author in the Senate, told CNN over email.

Following the governor’s signature of the bill, the White House applauded Minnesota’s efforts, pointing to the popular support for women’s rights to make their own health care decisions.

“Americans overwhelmingly support a woman’s right to make her own health care decisions, as so clearly demonstrated last fall when voters turned out to defend access to abortion – including for ballot initiatives in California, Kansas, Kentucky, Michigan, Montana, and Vermont,” White House press secretary Karine Jean-Pierre said in a statement.

“While Congressional Republicans continue their support for extreme policies including a national abortion ban, the President and Vice President are calling on Congress to restore the protections of Roe in federal law,” she wrote. “Until then, the Biden-Harris Administration will continue its work to protect access to abortion and support state leaders in defending women’s reproductive rights.”

This story has been updated with additional information.

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US

Kevin Johnson: Missouri executes man who murdered police officer

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CNN
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[Breaking news update, published at 9:25 p.m. ET]

Kevin Johnson – who murdered a Kirkwood, Missouri, police officer in 2005, but claimed racial bias in his prosecution – was executed Tuesday night by lethal injection. Johnson, 37, was pronounced dead at 7:40 p.m. CT. He didn’t give a final statement, according to Department of Corrections spokesperson Karen Pojmann.

[Previous story, published at 6:49 a.m. ET]

The Missouri Supreme Court has denied a death row inmate’s request for a stay of his execution after hearing arguments that racial discrimination played a role in his prosecution for the murder of a police officer.

With Kevin Johnson set to be executed Tuesday, he will appeal to the United States Supreme Court, his attorneys said late Monday.

In a separate proceeding, Johnson’s 19-year-old daughter had failed this month to get a federal court to prevent the state from executing Johnson unless she was permitted to attend as a witness; Missouri law bars people younger than 21 from witnessing the proceeding.

Then, the Missouri Supreme Court on Monday heard arguments in two requests for a stay: one by Johnson, who is Black, and the other by a special prosecutor appointed at the request of the St. Louis County Prosecuting Attorney’s Office, which secured Johnson’s conviction on a first-degree murder charge and death sentence for the murder of Kirkwood Police Sgt. William McEntee.

Both requests sought a stay so claims of racial prejudice could be heard by the St. Louis County Circuit Court, which previously denied a motion by the special prosecutor to vacate Johnson’s conviction, saying there was not enough time before Johnson’s scheduled execution to hold a hearing.

“There simply is nothing here that Johnson has not raised (and that this Court has not rejected) before and, even if there were, Johnson offers no basis for raising any new or re-packaged versions of these oft-rejected claims at this late date,” the Monday ruling said.

Gov. Mike Parson, a Republican, also on Monday denied a request for clemency from Johnson’s attorneys.

“Mr. Johnson has received every protection afforded by the Missouri and United States Constitutions, and Mr. Johnson’s conviction and sentence remain for his horrendous and callous crime,” Parson said in a statement. “The State of Missouri will carry out Mr. Johnson’s sentence according to the Court’s order and deliver justice.”

A defense attorney for Johnson decried Monday’s state Supreme Court ruling as a “complete disregard for the law in this case.”

“The Prosecutor in this case had requested that the Court stop the execution based on the compelling evidence he uncovered this past month establishing that Mr. Johnson was sentenced to death because he is Black,” lawyer Shawn Nolan said in a statement. “The Missouri Supreme Court unconscionably refused to simply pause Mr. Johnson’s execution date so that the Prosecutor could present this evidence to the lower court, who refused to consider it in the first instance given the press of time.

Meantime, attorneys for Johnson, 37, argued in court records that racial discrimination played a role in his prosecution, pointing in their motion for a stay to “long-standing and pervasive racial bias” in St. Louis County prosecutors’ “handling of this case and other death-eligible prosecutions, including the office’s decisions of which offense to charge, which penalty to seek, and which jurors to strike.”

Per their request, the prosecuting attorney sought the death penalty against four of five defendants tried for the killing of a police officer while in office – all of them Black, while the fifth was White. In the case with a White defendant, Johnson’s request says, the prosecutor invited defense attorneys to submit mitigation evidence that might persuade the office not to seek death – an opportunity not afforded the Black defendants.

Additionally, they pointed to a study by a University of North Carolina political scientist of 408 death-eligible homicide prosecutions during this prosecutor’s tenure that found the office largely sought the death penalty when the victims were White.

Those claims appear supported by a special prosecutor, who was appointed to the case last month after the St. Louis Prosecuting Attorney’s Office cited a conflict of interest. The special prosecutor, Edward E.E. Keenan, similarly “determined that racist prosecution techniques infected Mr. Johnson’s conviction and death sentence,” he wrote in his own request for a stay.

The special prosecutor found “clear and convincing evidence of racial bias by the trial prosecutor,” he wrote in the request, citing similar evidence to that listed by Johnson’s attorneys in their request for a stay.

The Missouri Attorney General’s Office argued against a stay, saying the claims were without merit. The special prosecutor’s “unproven claims,” the AG’s office said in a brief, do not amount to a concession of wrongdoing by the state, which stands by the conviction.

“The McEntee family has waited long enough for justice,” the brief said, “and every day longer that they must wait is a day they are denied the chance to finally make peace with their loss.”

Bob McCulloch, the longtime St. Louis prosecuting attorney who was voted out of office in 2018 after 27 years, has denied he treated Black and White defendants differently.

“Show me a similar case where the victim was Black and I didn’t ask for death,” he was quoted as saying by St. Louis Public Radio earlier this month about his time in office. “And then we have something to talk about. But that case just doesn’t exist.”

Johnson was sentenced to die for the July 5, 2005, murder of McEntee, 43, who was called to Johnson’s neighborhood in response to a report of fireworks.

Earlier that day, Johnson’s 12-year-old brother had died after having a seizure at their family’s home, according to court records. Police were there at the time of the seizure, seeking to serve a warrant against Johnson, then 19, for a probation violation.

Johnson blamed the police, including McEntee, for his brother’s death. And when McEntee returned to the neighborhood later that day, Johnson approached the sergeant’s patrol car, accused him of killing his brother and opened fire.

He left behind a wife, a daughter and two sons, according to the Officer Down Memorial Page.

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