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Top court reviews abortion parental notice law

Posted on: Wednesday, 30 November 2005, 00:59 CST

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.

Source: REUTERS

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