Ayotte v. Planned Parenthood

126 S.Ct. 961 (2006)

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Nature of the Case

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Facts

New Hampshire enacted the Parental Notification Prior to Abortion Act. The Act prohibits physicians from performing an abortion on a pregnant minor (or a woman for whom a guardian or conservator has been appointed) until 48 hours after written notice of the pending abortion is delivered to her parent or guardian. Notice is not required if 'the attending abortion provider certifies in the pregnant minor's record that the abortion is necessary to prevent the minor's death and there is insufficient time to provide the required notice.' A person entitled to receive notice may certify that he or she has already been notified. A minor may petition a judge to authorize her physician to perform an abortion without parental notification. The judge must so authorize if he or she finds that the minor is mature and capable of giving informed consent, or that an abortion without notification is in the minor's best interests. The judicial bypass proceedings 'shall be confidential and shall be given precedence over other pending matters so that the court may reach a decision promptly and without delay,' and access to the courts 'shall be afforded [to the] pregnant minor 24 hours a day, 7 days a week.' The trial and appellate courts must each rule on bypass petitions within seven days. The Act does not explicitly permit a physician to perform an abortion in a medical emergency without parental notification. Planned Parenthood (D) brought suit under 42 U. S. C. §1983, alleging that the Act is unconstitutional because it fails 'to allow a physician to provide a prompt abortion to a minor whose health would be endangered' by delays inherent in the Act. The District Court declared the Act unconstitutional, and permanently enjoined its enforcement. The Act failed to provide a health exception, and judicial bypass would not operate expeditiously enough in medical emergencies. The Court of Appeals for the First Circuit affirmed. The Supreme Court granted certiorari to decide whether the courts below erred in invalidating the Act in its entirety because it lacks an exception for the preservation of pregnant minors' health.