Texas law requires physicians to notify parents of a minor's decision to undergo an abortion at least 48 hours prior to performing the procedure.
Parental consent is not required, just notification.
Texas law also allows a minor to seek a judicial bypass of that notification, the qualifications are rather simple:
The minor must be "mature and sufficiently well informed" to reach the decision on her own.
Jane Doe was 17, which is also the legal age of consent in Texas, and had consulted a physician about the procedure.
Alberto Gonzales crafted his decision on written Texas law, he commented that the decision troubled him personally as a parent, but the law is the law.
We need two things in this country, and Alberto Gonzales is one of them.
We need Judges who adjudicate according to the strict and self-evident letter of the law, in spite of their "feelings" about the issue, and we need legislators who write better laws than the Parental Notification Act in Texas.
Some have argued that Gonzales' judgment in Jane Doe 5 should have reflected his feelings on abortion, rather than his interpretation of the letter of the law, but I can't see how a Judge can both render judgment based on how he feels about the letter of the law, and be a strict constructionist at the same time.
Perhaps Gonzales is an advocate of judicial restraint on abortion but, as the University of Michigan case shows, he supports judicial activism to mandate via the courts "diversity" rather than merit in college admissions. That is more than enough to put him beyond the pale here, IMHO./
What about the 3 judges who did not rule for the pro-abort side --- abortion of minors against their parents will or without their knowledge mind you --- were they not interpreting the law? Would you claim they were out of control judges or something like that? How could 3 decide another way but Gonzalez took the pro-abort side if he isn't in favor of minor children being given abortions without parental notification?