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546 U.S. 320 (2006)
In October, 2005, NCYL joined the Center for Adolescent Health & the Law, the National Association of Social Workers, the National Association of Social Workers, New Hampshire Chapter, and six others as amici in support of respondents Planned Parenthood of Northern New England.
The New Hampshire legislature passed the “Parental Notification Prior to Abortion Act” in June 2003 requiring that health care providers notify parents at least 48 hours before a minor has an abortion. Before its implementation, health care providers challenged the Act in federal district court, claiming that the Act was unconstitutional because it did not allow a minor to obtain an abortion without parental notification when her health was at risk. The district court agreed, using an “undue burden” standard of review, and finding the Act unconstitutional because it lacked an exception waiving notification when necessary to protect a minor’s health. The court invalidated the Act in its entirety. The First Circuit affirmed the district court’s decision. The U.S. Supreme Court granted certiorari in 2005.
Rather than review the constitutional questions presented, the Supreme Court addressed the appropriateness of relief granted. The Court in Ayotte questioned whether it was necessary to strike the entire law. The Supreme Court held that a court must consider whether it can shape a more “modest” remedy that would preserve the statute and eliminate its unconstitutional provisions. It remanded the case back to the First Circuit to determine the appropriate relief.
On June 29, 2007 Gov. John Lynch of New Hampshire signed a bill into law repealing the Parental Notification Prior to Abortion Act.
Counsel: Susan Frietsche and David S. Cohen, Women’s Law Project; Elizabeth B. McCallum and Joseph Siprut, Howrey LLP
Updated April 21, 2010
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