Unformatted text preview: conceded that it would be unconstitutional to apply the Act in a manner that subjected minors to significant health risks. Although the courts below chose the most blunt remedy of permanently enjoining the enforcement of the Act and thereby invalidating it entirely, the Court held that this had not been necessary. Only a few applications of New Hampshire's parental notification statute would have presented a constitutional problem. So long as they were faithful to legislative intent, then, the lower courts could issue a declaratory judgment and an injunction prohibiting the statute's unconstitutional application. OUTCOME: The judgment of the First Circuit was vacated, and the case was remanded for further proceedings....
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This note was uploaded on 05/04/2010 for the course PLS 460 taught by Professor Lermack during the Spring '10 term at Bradley.
- Spring '10