Top court reviews abortion parental notice law

By James Vicini

WASHINGTON (Reuters) – The U.S. Supreme Court takes up its
first abortion case in five years and returns to one of its
most contentious issues on Wednesday when it considers a state
law requiring notification of a parent before a minor can end
her pregnancy.

Arguments on the New Hampshire law will be the first
abortion case for new Chief Justice John Roberts. It could give
some indication whether he supports giving states more power to
restrict abortions.

Roberts, who was nominated by President George W. Bush, has
never ruled on an abortion case. At his Senate confirmation
hearing, he declined to say how he would vote on future cases.

The case does not involve a challenge to the landmark Roe
v. Wade decision in 1973 that established that women have a
constitutional right to abortion.

And it could end up being argued again if the justices are
split by a 4-4 vote and cannot get out a decision by the time
retiring Justice Sandra Day O’Connor leaves the court.

O’Connor, who often has cast the decisive vote to strike
down abortion restrictions, plans to step down when her
replacement is confirmed. Bush has nominated the conservative
Judge Samuel Alito to replace her, and the Senate is supposed
to vote on his nomination in January.

The case presents the issue of whether state parental
notification laws must provide an exception when the minor’s
health is at risk.

The New Hampshire law required that a parent be notified 48
hours in advance of any abortion for anyone under age 18. It
provides an exception when the minor’s life is in danger, but
not for medical emergencies that are not life-threatening.

In its last abortion decision in 2000, the Supreme Court
ruled that state abortion laws must provide an exception to
protect the pregnant woman’s health. It struck down a Nebraska
law that banned a type of abortion procedure.

A federal judge and a U.S. appeals court declared the New
Hampshire law unconstitutional because it lacked provisions for
an exception involving a medical emergency. The law, adopted in
2003, has never been enforced.

The other major issue in the case involved the legal
standard used by courts when reviewing the constitutionality of
abortion laws before they take effect.

The high court has said a law is unconstitutional when it
posed an undue burden on women in a large percentage of cases.
It will consider whether a more difficult standard should be
used, striking down the law only when the burden is
unconstitutional in all cases.

The New Hampshire law was challenged by Planned Parenthood
of Northern New England.

The Bush administration has strongly supported state and
federal laws restricting abortion. Solicitor General Paul
Clement, the Bush administration’s top appellate lawyer, will
defend the law along with New Hampshire Attorney General Kelly
Ayotte.