The Vanishing Plaintiff

by James Tarsney

Lawyers for abortionists in Minnesota brought a case called Doe v. Gomez.  State Attorney General Humphrey sent them a notice saying he wanted to talk to the plaintiff called Doe.

He was told he couldn’t because she had disappeared.

No plaintiff, no case, right? While the case was pending before the state Supreme Court he appeared on a talk radio show. Humphrey was asked whether he knew whether the plaintiff was real or make-believe. He replied in part, “…we did not want to get into the details of all of that.” The details, like whether she existed.

The case was certified as a class action. The class was women who sought abortions for health reasons. No one was made class representative as required by law, but “Jane Doe” was treated as such. Unfortunately, she wasn’t part of the class. She, if she existed, claimed she wanted an abortion because she was raped. The Attorney General did not challenge this.

The lawyers for the abortionists filed three affidavits allegedly from women who had abortions all signed in fictitious names. An affidavit signed “Jane Doe” has all the value of an affidavit signed “Mickey Mouse.” The notary who notarized the affidavit isn’t certifying the content of the affidavit. He or she doesn’t read it.  The notary certifies that the document is signed by the actual person whose name appears as the signature. Signing it “Jane Doe” is meaningless. One of the affidavits states that the woman signing it had an abortion in Minnesota on a certain date.  The affidavit is signed and notarized on the same date in New York. Attorney General Humphrey never questioned any of it.

Curiously enough each affidavit stated that the signer paid for her own abortion. Not one person claimed she could not have an abortion because she could not pay for it. It would be difficult to sign an affidavit saying my child is alive today because I did not have the money to have her killed. No injury, no case. The Attorney General never questioned any of it.

The State Supreme Court swallowed it and held that the State Constitution required that the state pay for all “therapeutic” abortions for low-income women. The state, of course, determined that all abortions are therapeutic and has since paid out millions of dollars to the abortionists.

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