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Encyclopedia > Ayotte v. Planned Parenthood
Ayotte v. Planned Parenthood of Northern N.E.

Supreme Court of the United States Wikipedia does not have an article with this exact name. ...

Argued ...

Decided ...

Full case name: Kelly A. Ayotte, Attorney General of New Hampshire v. Planned Parenthood of Northern New England, et al.
Citations: ... U.S. ...
Prior history: Finding for the Plaintiff 296 F.Supp.2d 59
Judgement Affirmed 390 F.3d 53
Subsequent history:
Holding
...
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Laws applied
NH Parental Notification Prior to Abortion Act
(N.H. Rev. Stat. Ann. § 132:24-28 [1])

Ayotte v. Planned Parenthood of Northern New England is a case challenging the parental notification of abortion law of the State of New Hampshire; the Supreme Court of the United States granted certiorari on May 23, 2005, ([2]) to review the case. The case was calendared for argument on November 30, 2005. [3] State nickname: The Granite State Other U.S. States Capital Concord Largest city Manchester Governor John Lynch (D) Senators Judd Gregg (R) John Sununu (R) Official languages English Area 24,239 km² (46th)  - Land 23,249 km²  - Water 814 km² (3. ... Seal of the Supreme Court The Supreme Court of the United States is the highest court in the United States of America. ... Certiorari is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ... 2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ...


The case is extremely significant, in that it provides the court with an opportunity to revisit its rulings in Stenberg v. Carhart, 530 U.S. 914, 921 (2000), Planned Parenthood v. Casey, 505 U.S. 833, 876-77 (1992), and United States v. Salerno, 481 U.S. 739 (1987). Holding Laws banning partial-birth abortion are unconstitutional if they do not make an exception for the womans health, or if they cannot be reasonably construed to apply only to the partial-birth abortion (intact D&X) procedure and not to other abortion methods. ... Holding A Pennsylvania law that required spousal notification prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. ...

Contents


Background

In June 2003, the New Hampshire General Court narrowly passed HB 763-FN, "AN ACT requiring parental notification before abortions may be performed on unemancipated minors", by votes of 12-11 in the Senate and 187-181 in the House. On June 19, 2003, Governor Benson, who lobbied heavily for the law, signed the New Hampshire Parental Notification Prior to Abortion Act. The Parental Notification Act had an effective date of December 31, 2003. The New Hampshire General Court is the state legislature of the U.S. state of New Hampshire. ...


District Court

On November 17, 2003, Planned Parenthood of Northern New England, Concord Feminist Health Center of Portsmouth, Feminist Health Center of Portsmouth, and Wayne Goldner, M.D. filed a complaint under 42 U.S.C. § 1983, seeking a declaratory judgment that the Parental Notification Act was unconstitutional and a preliminary injunction to prevent its enforcement once it became effective. On December 29, 2003, Justice Joseph A. DiClerico, Jr. of the U.S. District Court for the District of New Hampshire issued an order finding the Parental Notification Act unconstitutional and permanently enjoining its enforcement. The reasons DiClerico found the Act unconstitutional were: PPFA Homepage Planned Parenthood is the name of several federations of health clinics that are spread out over the world,(the International Planned Parenthood Federation, various regional federations, as well as country-specific ones) focusing on issues related to reproductive services. ... The Civil Rights Act of 1871, now codified and known as 42 U.S.C. § 1983, is one of the most important federal statutes in force in the United States. ... A declaratory judgment is a judgment of a court which declares what rights each party in a dispute should have, but does not order any action or result in any legal damages. ... The United States District Court for the District of New Hampshire is the Federal district court whose jurisdiction is comprised of the state of New Hampshire. ...

  • its lack of an explicit exception to protect the health of the pregnant minor, and
  • the narrowness of the Act's exception for abortions necessary to prevent the minor's death

Finding the Parental Notification Act unconstitutional on those two points, DiClerico declined to rule on the constitutionality of the Act's failure to provide specific protections for the confidentiality of a minor seeking a judicial waiver alledged by the Planned Parenthood of New England, et. all.


First Circuit

New Hampshire Attorney General Peter Heed, acting in his official capacity, appealed the district court's order to the United States Court of Appeals for the First Circuit. Heed argued that the court should should apply the "no set of circumstances" standard set forth in United States v. Salerno, 481 U.S. 739 (1987). The court affirmed the judgement by Justice DiClerico for the same reasons he stated. The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the following United States District Courts: District of Maine District of Massachusetts District of New Hampshire District of Puerto Rico District of Rhode Island The court is based at the John Joseph...


Supreme Court Appeal

Attorney General Kelly Ayotte, who replaced Heed as AG in 2004, appealled the case to the Supreme Court of the United States over the objections of Governor John Lynch (D). Lynch later signed an amicus brief in opposition to the Parental Notification Act. On May 23, 2005, the Supreme Court granted certiorari to review the case, which is the first case challenging an abortion law that the Court has accepted in five years. The case is calendared for argument on November 30, 2005. Seal of the Supreme Court The Supreme Court of the United States is the highest court in the United States of America. ... This article is about the governor of New Hampshire. ... Definition and Explanation: Amicus curiæ (Latin for friend of the court; plural amici curiæ) briefs are legal documents filed by non-litigants in appellate court cases, which include additional information or arguments that those outside parties wish to have considered in that particular case. ... Certiorari is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ... Abortion has been a controversial subject throughout history due to the moral and ethical issues that surround it. ...


Petitioner's Questions for Review

1. Whether the First Circuit Court of Appeals erred in holding that New Hampshire’s Parental Notification statute was facially invalid because it did not contain a health exception and because the death exception was drawn too narrowly?


2. Whether the First Circuit Court of Appeals erred in holding that a facial challenge to New Hampshire’s parental notification statute should not be governed by the "no set of circumstances" standard articulated in United States v. Salerno, 481 U.S. 739 (1987)?


Respondants's Questions for Review

1. Was the First Circuit Court of Appeals correct in holding that a law that requires minors to delay their abortions must contain a medical emergency exception for circumstances when the delay will undisputedly put minors' health in serious jeopardy?


2. Was the First Circuit Court of Appeals correct to strike New Hampshire's Parental Notification Prior to Abortion Act in its entirety where such relief is the only way to effectively remedy the constitutional violation without invading the province of the Legislature?


External links

The Act

Lower Courts

PDF is an abbreviation with several meanings: Portable Document Format Post-doctoral fellowship Probability density function There also is an electronic design automation company named PDF Solutions. ... PDF is an abbreviation with several meanings: Portable Document Format Post-doctoral fellowship Probability density function There also is an electronic design automation company named PDF Solutions. ...

Supreme Court

Petitioner

Respondant PDF is an abbreviation with several meanings: Portable Document Format Post-doctoral fellowship Probability density function There also is an electronic design automation company named PDF Solutions. ... PDF is an abbreviation with several meanings: Portable Document Format Post-doctoral fellowship Probability density function There also is an electronic design automation company named PDF Solutions. ...


 
 

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