A lawsuit accusing Minnesota of wrongfully paying for abortions for women on Medicaid may be dismissed, if the court takes action on a new motion filed on behalf of the state.

Via the St. Paul Pioneer Press:

A state agency is asking a court to throw out a lawsuit alleging that Minnesota taxpayers have been wrongfully charged for more than 37,000 abortions.

Papers filed late Tuesday, Dec. 18, ask for the lawsuit to be dismissed because the agency funds abortions for women on public assistance only when doctors certify them as medically necessary, as the law requires.

The state is legally barred from prying into discussions between a woman and her doctor over her reason for seeking an abortion, the Department of Human Services said.

Alliance Defending Freedom filed the suit on behalf of the Walkers, a pair of anti-choice activists who are claiming not only are the taxpayers of Minnesota being forced to pay for abortions for poor women against their will but that those abortions are an act of eugenics on the African American community. The suit ignores the fact that in Doe v. Gomez, Minnesota established that the right to an abortion is a civil right and that as long as the state pays for services related to pregnancy though Medicaid it must also pay to terminate pregnancies, too.

Brian and Denise Walker, the plaintiffs in the lawsuit, are active members of the Minnesota anti-choice community. Brian is the Director of Pro-Life Action Ministries and coordinates 40 Days for Life activities, and Denise runs Everlasting Light Ministries, where she focuses on “post abortion counseling.” Both work closely with Minnesota Citizens Concerned for Life.