Bench Memos

NRO’s home for judicial news and analysis.



The Supreme Court will hear argument next week (November 30) in an
important case about family law. The case comes from New Hampshire, where
Planned Parenthood challenged a law requiring that one parent of an
unemancipated minor girl be notified before she has surgery performed upon
her.  What, you might wonder, is the case doing in the Supreme
Court?  Well, even though such statutes are as common as fruit flies in the
tropics, and even though their constitutionality is, as a general matter,
beyond any doubt, this case is special.  It involves the abortion
distortion of our law.  So, even though an unemancipated minor girl often
cannot use a tanning bed or get her ears pierced without parental consent,
the question next week is whether the Constitution requires a state to
permit the same girl to claim a “health” exception to a one-parent notice
requirement before getting an abortion.

The federal appeals court in Boston held in favor of Planned Parenthood.

Robert George and I filed a Supreme Court Brief on behalf of Focus on the
Family and the Family Research Council, in opposition to the First Circuit
ruling.  The Brief may be found here


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