Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—November 24

2004—A New Hampshire law, enacted in 2003, generally requires that abortionists provide 48 hours’ advance notice to parents of minor daughters who have arranged to undergo abortion. The law provides for various exceptions to the notice requirement but does not set forth an express exception for hypothetical instances in which compliance with the notice period would threaten severe damage to the minor’s health. In Planned Parenthood v. Heed, a First Circuit panel invalidates the law in its entirety because it lacks a health exception.

On review, the Supreme Court rules unanimously (in Ayotte v. Planned Parenthood) that the First Circuit erred in failing to consider whether narrower relief, such as enjoining enforcement of the law only in instances that presented a severe health risk, was appropriate.

Most Popular

Film & TV

Larry David Goes MAGA

For a liberal Democrat, Larry David sometimes comes off as America’s reactionary id. Last night, on a superb tenth-season opener of Curb Your Enthusiasm, David made an extended joke about the (in)famous Make America Great Again cap. To a certain extent, I think the joke here is on Larry David. David’s ... Read More
Film & TV

Larry David Goes MAGA

For a liberal Democrat, Larry David sometimes comes off as America’s reactionary id. Last night, on a superb tenth-season opener of Curb Your Enthusiasm, David made an extended joke about the (in)famous Make America Great Again cap. To a certain extent, I think the joke here is on Larry David. David’s ... Read More
Health Care

‘Reconsidering Fetal Pain’

Two researchers with “divergent views regarding the morality of abortion” have published a paper in the Journal of Medical Ethics concluding that unborn human beings likely are able to feel pain at an earlier point than previous research has suggested. The authors state that they “came together to write ... Read More
Health Care

‘Reconsidering Fetal Pain’

Two researchers with “divergent views regarding the morality of abortion” have published a paper in the Journal of Medical Ethics concluding that unborn human beings likely are able to feel pain at an earlier point than previous research has suggested. The authors state that they “came together to write ... Read More