PLS 460 Ayotte v Planned Parenthood

PLS 460 Ayotte v Planned Parenthood - conceded that it...

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Ayotte v Planned Parenthood 546 U.S. 320 CASE SUMMARY PROCEDURAL POSTURE: Respondent obstetrician and gynecologist and three reproductive health service clinics brought suit under 42 U.S.C.S. § 1983 , alleging that the Parental Notification Prior to Abortion Act, N.H. Rev. Stat. Ann. §§ 132:24-132:28 (Supp. 2004), was unconstitutional because it failed to provide an emergency health exception. The U.S. Court of Appeals for the First Circuit affirmed a declaration the Act was unconstitutional. Certiorari was granted. OVERVIEW: New Hampshire maintained that in most if not all cases, the Act's judicial bypass and the State's "competing harms" statutes should protect both physician and patient when a minor needed an immediate abortion, but the courts below found neither of those provisions to protect minors' health did so reliably in all emergencies. New Hampshire
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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.

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