Posted on 11/30/2005 8:00:15 AM PST by mdittmar
WASHINGTON - The Supreme Court will consider its first abortion rights case under the leadership of Chief Justice John Roberts, with an unpredictable outcome because of the court's changing makeup.
The stakes are significant in the dispute over a New Hampshire law requiring minors to tell a parent before ending a pregnancy, although the case does not challenge the 1973 Roe v. Wade ruling that said abortion is a fundamental constitutional right.
The outcome is likely to signal where the high court is headed on an issue that has been emotional and divisive among the justices and around the country.
Abortion was a prominent subject in Roberts' confirmation hearings and has emerged as a major issue in President Bush's nomination of appeals court Judge Samuel Alito to replace retiring Justice Sandra Day O'Connor. O'Connor has been the swing vote in support of abortion rights.
If Alito is confirmed by the Senate early next year, his vote could be needed to break a tie in the New Hampshire case being argued before justices. Abortion cases generally draw large crowds at the Supreme Court, but buzz around Wednesday's argument was particularly frenzied because the court until this fall had no turnover for 11 years.
New Hampshire Attorney General Kelly Ayotte told justices in a filing that the law "provides pregnant minors with the benefit of parental guidance and assistance in exercising what is undoubtedly a difficult choice."
O'Connor, a supporter of Roe v. Wade and the first woman named to the court, is retiring after 24 years and will likely leave the court before the case is decided. A Senate vote is planned for January on Alito, who is expected to be more receptive to abortion restrictions.
It is unknown how Roberts or Alito would vote on a rollback of Roe v. Wade.
Meanwhile, the court could use this case to make it extremely difficult for abortion rights groups to challenge restrictions, without dealing with the sticky issue of overturning Roe. At issue is the legal standard for courts in handling lawsuits over abortion laws.
The New Hampshire case is being closely watched by the dozens of states that require minors to tell a parent or get permission before having an abortion.
Justices were told that 24 states mandate a parent's approval and 19 states, including New Hampshire, demand parental notice.
The court is considering whether the 2003 New Hampshire law puts an "undue burden" on a woman in choosing to end a pregnancy. O'Connor is an architect of the undue burden standard, and was the deciding vote in the last abortion case five years ago, when justices ruled that a Nebraska law banning a type of late-term abortion was too burdensome.
That law, like the one at issue Wednesday, did not have an exception to protect the mother's health. New Hampshire argues that exceptions are permitted when the mother's health is at risk, and that should be enough.
The law requires a parent or guardian be notified when an abortion is planned for someone under 18, followed by a 48-hour waiting period. A judge can waive the requirement.
"In an emergency, a woman needs to go to the hospital not a courthouse," justices were told in a filing by Jennifer Dalven, attorney for Planned Parenthood of Northern New England which challenged the law.
The Supreme Court agreed to allow news organizations to air audio recording of the court's argument immediately after its conclusion, giving the public its first chance to hear the new chief justice on the bench. Cameras are not allowed in the court.
Roberts, 50, replaced Chief Justice William H. Rehnquist, who died in September after a yearlong fight with cancer.
Justices agreed to hear the New Hampshire case before Rehnquist's death _ and before O'Connor surprised colleagues with news that she was stepping down.
The case is Ayotte v. Planned Parenthood, 04-1144.
On the Net:
Supreme Court: http://www.supremecourtus.gov/
A service of the Associated Press(AP)
This is about parental notification for those under 18 jennifer,what would be the emergency?,that they need to suck their child down a sink immediately,or that planned parenthood won't get their $500.00 for going it?
Will Common Sense PREVAIL ????
"Groups and parties working for a new social order must include [abortion] in their programmes. No social system, no worker's democracy, no Socialist republic can operate successfully and maintain its ideals unless the practice of birth control is encouraged to a marked and efficient degree." -- Margaret Sanger, Founder of Planned Parenthood
(Woman And The New Race, Sanger, M., 1920, Brentano's Publishers, NY, p.148)
It's six to two in favor of the Bolsheviks, with Roberts still unknown.
Don't get too excited.
"The New Hampshire case is being closely watched by the dozens of states that require minors to tell a parent or get permission before having an abortion."
Any medical procedure requires permission from a parent or guardian if the patient is a minor. Why should abortion be the exception to that? My daughter can't get her ears pierced without my signature!
The problem is that if a parent doesn't know their child had SURGERY (as much as the libs like to act like it's no more process than getting a teeth cleaning, which WOULD require parental notification BTW) then how are they to know to keep an eye on them for negative side affects of anestethia, excessive bleeding, etc...
Stupid stupid. I have three daughters. They BETTER side with the kids on this. There is no excuse for no parental notification on this issue.
"Any medical procedure requires permission from a parent or guardian if the patient is a minor. Why should abortion be the exception to that? My daughter can't get her ears pierced without my signature!
"
That's true. On the other hand, sometimes a parent or step-parent is the reason for the pregnancy. That's one of the reasons for this situation. You don't even want to know how many cases of parental sexual abuse there are out there.
" with an unpredictable outcome because of the court's changing makeup."
The 'unpredictabel outcome' has nothing to do with Roberts being Chief Justice.
The makeup of the court is exactly what it was before Rhenquist died and Roberts became CJ.
The press seems to forget that O'Conner hasn't gone anywhere.
Yet!
My understanding is that if arguments start before Alito is sworn in, then he will not be deciding the outcome. Isn't that correct?
Not only that, but surely if you believe Planned Parenthood, the majority of Americans want abortion to stay legal. Ok, taken in that context, if a person's daughter was IMMEMENTLY at risk of death if she didn't have an abortion - how many parents would object? Which child do you save?
So is this case even NECESSARY?? Surely a parent would consent to save their child's life in that instant!
Not sure if he can review the case and vote,if appointed,or if he has to be seated at the time the case is heard.
So who is being protected by this secrecy? The child or the rapist?
"So who is being protected by this secrecy? The child or the rapist?"
Of course I see it which means the girl needs to tell the authority her father has been raping her.
By making it easy to get rid of the evidence of the crime we are allowing the abuse of these young girls to continue.
Why is this billed an "Abortion Rights" case and not a "Parental Rights" or "Family Rights" case? After all, it does not deal with all abortions situations, just ones involving a minor and then only in relation to their parents and notification.
Placemark.
Being sexually mature does not a "woman" make...
If Alito is sworn in before the case is decided, several months from now, then his vote will count even though he wasn't here for the oral argument. Barring some huge delay, Alito's vote counts and O'Connor's is out. (Thank God.)
do you actually have the numbers for your boast? The number of abortions due to incest is less than 1/10 of one percent. Out of every 1000 abortions, maybe 1 or 2 at most are becuase of that and most likely none are.
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