This article may be confusing or unclear to readers.(October 2007) |
Ayotte v. Planned Parenthood of Northern New England | |
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Argued November 30, 2005 Decided January 18, 2006 | |
Full case name | Kelly A. Ayotte, Attorney General of New Hampshire v. Planned Parenthood of Northern New England, et al. |
Docket no. | 04-1144 |
Citations | 546 U.S. 320 ( more ) 126 S.Ct. 961; 163 L. Ed. 2d 812; 2006 U.S. LEXIS 912; 74 USLW 4091; 06 Cal. Daily Op. Serv. 467; 2006 Daily Journal D.A.R. 667; 19 Fla. L. Weekly Fed. S 67 |
Case history | |
Prior | Motion for permanent injunction granted, sub nom., Planned Parenthood v. Heed, 296 F.Supp.2d 59 (D.N.H. 2003), affirmed, 390 F.3d 53 (1st Cir. 2004); cert. granted, sub nom., Ayotte v. Planned Parenthood, 544 U.S. 1048(2005). |
Holding | |
Completely invalidating a parental notification statute was unnecessary if its potentially unconstitutional applications could be addressed by more targeted judicial remedies. First Circuit Court of Appeals vacated and remanded. | |
Court membership | |
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Case opinion | |
Majority | O'Connor, joined by unanimous |
Laws applied | |
N.H. Rev. Stat. §§ 132:24-132:28 (Supp. 2004) (Parental Notification Prior to Abortion Act) | |
Superseded by | |
Dobbs v. Jackson Women's Health Organization (2022) |
Ayotte v. Planned Parenthood of Northern New England, 546 U.S. 320 (2006), was a decision by the Supreme Court of the United States involving a facial challenge to New Hampshire's parental notification abortion law. The First Circuit had ruled that the law was unconstitutional and an injunction against its enforcement was proper. The Supreme Court vacated this judgment and remanded the case, but avoided a substantive ruling on the challenged law or a reconsideration of prior Supreme Court abortion precedent. Instead, the Court only addressed the issue of remedy, holding that invalidating a statute in its entirety "is not always necessary or justified, for lower courts may be able to render narrower declaratory and injunctive relief."
The opinion was delivered by Justice Sandra Day O'Connor, who had been significantly responsible for developing the Court's recent abortion jurisprudence. [1] This decision was O'Connor's last opinion on the Court before her retirement on January 31, 2006.
In June, 2003, the New Hampshire Parental Notification Prior to Abortion Act, "an act requiring parental notification before abortions may be performed on unemancipated minors," was narrowly passed by the New Hampshire General Court. [2] It was signed into law on June 19, 2003, by Governor Craig Benson, who had lobbied heavily for the law, with an effective date of December 31, 2003.
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, Judge 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. [3]
DiClerico found the Act unconstitutional on the following grounds:
DiClerico declined to rule on the plaintiffs' other claim, that the Act was unconstitutional for failing to provide specific protections for the confidentiality of a minor seeking a judicial waiver.
New Hampshire Attorney General Peter Heed appealed the district court's order to the United States Court of Appeals for the First Circuit. Heed argued that the court should apply the "no set of circumstances" standard set forth in United States v. Salerno , 481 U.S. 739 (1987). A three judge panel composed of Chief Judge Michael Boudin, Circuit Judge Juan R. Torruella and District Judge Saris unanimously affirmed the judgment by Judge DiClerico for the same reasons he stated. [4]
Attorney General and future U.S. senator Kelly Ayotte, who replaced Heed in 2004, appealed the case to the Supreme Court of the United States over the objections of Benson's successor, Governor John Lynch. The Supreme Court granted certiorari to review the case, which was the first case challenging an abortion law that the Court had accepted in five years. Lynch subsequently submitted an amicus curiae brief in opposition to the Parental Notification Act. [5]
The Court vacated the judgment of the First Circuit in a unanimous decision authored by Associate Justice Sandra Day O'Connor. [6] The Court did not revisit any abortion precedents, such as its decision in Casey .
In its ruling the Court found that the following three propositions were established:
The Court considered under what circumstances federal courts can enjoin enforcement of abortion laws if in some cases such laws would have the effect of regulating abortion more strictly than is consistent with Supreme Court precedent, as the New Hampshire law did in some circumstances.
The Court ruled that in such circumstances facial invalidation of a statute would be inappropriate if the statute could be narrowed sufficiently by judicial interpretation. It raised the question of what the appropriate judicial remedy would be if a statute's enforcement would be unconstitutional in medical emergencies. The court ruled that "invalidating the statute entirely is not always necessary or justified, for lower courts may be able to render narrower declaratory and injunctive relief."
The New Hampshire law was repealed in 2007, making rehearing at the district court level moot. [7]
The New Hampshire parental notification law was passed again in 2011 after the Republican-controlled House and Senate overrode then-Democratic governor John Lynch's veto. [8]
Planned Parenthood v. Casey, 505 U.S. 833 (1992), was a landmark decision of the Supreme Court of the United States in which the Court upheld the right to have an abortion as established by the "essential holding" of Roe v. Wade (1973) and issued as its "key judgment" the restoration of the undue burden standard when evaluating state-imposed restrictions on that right. Both the essential holding of Roe and the key judgment of Casey were overturned by the Supreme Court in 2022, with its landmark decision in Dobbs v. Jackson Women's Health Organization.
Stenberg v. Carhart, 530 U.S. 914 (2000), was a landmark decision of the US Supreme Court dealing with a Nebraska law which made performing "partial-birth abortion" illegal, without regard for the health of the mother. Nebraska physicians who performed the procedure contrary to the law were subject to having their medical licenses revoked. The Court struck down the law, finding the Nebraska statute criminalizing "partial birth abortion[s]" violated the Due Process Clause of the United States Constitution, as interpreted in Planned Parenthood v. Casey and Roe v. Wade.
Hodgson v. Minnesota, 497 U.S. 417 (1990), was a United States Supreme Court abortion rights case that dealt with whether a state law may require notification of both parents before a minor can obtain an abortion. The law in question provided a judicial alternative.
H. L. v. Matheson, 450 U.S. 398 (1981), was a United States Supreme Court abortion rights case, according to which a state may require a doctor to inform a teenaged girl's parents before performing an abortion or face criminal penalty.
Many jurisdictions have laws applying to minors and abortion. These parental involvement laws require that one or more parents consent or be informed before their minor daughter may legally have an abortion.
Gonzales v. Carhart, 550 U.S. 124 (2007), was a landmark decision of the U.S. Supreme Court that upheld the Partial-Birth Abortion Ban Act of 2003. The case reached the high court after U.S. Attorney General, Alberto Gonzales, appealed a ruling of the U.S. Court of Appeals for the Eighth Circuit in favor of LeRoy Carhart that struck down the Act. Also before the Supreme Court was the consolidated appeal of Gonzales v. Planned Parenthood from the U.S. Court of Appeals for the Ninth Circuit, whose ruling had the same effect as that of the Eighth Circuit.
Kelly Ann Ayotte is an American attorney and politician who served as a United States senator from New Hampshire from 2011 to 2017. A member of the Republican Party, Ayotte served as New Hampshire Attorney General from 2004 to 2009. She is the last Republican to win and/or hold a New Hampshire U.S. Senate seat.
This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).
Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976), is a United States Supreme Court case on abortion. The plaintiffs challenged the constitutionality of a Missouri statute regulating abortion. The Court upheld the right to have an abortion, declaring unconstitutional the statute's requirement of prior written consent from a parent or a spouse.
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.
Gunn v. University Committee to End the War in Viet Nam, 399 U.S. 383 (1970), is a United States Supreme Court case in which the Court that since the District Court has issued neither an injunction nor an order granting or denying one, Supreme Court has no jurisdiction under 28 U.S.C. § 1253, which provides for review of orders granting or denying interlocutory or permanent injunctions.
Carey v. Population Services International, 431 U.S. 678 (1977), was a landmark decision of the U.S. Supreme Court in which the Court held that it was unconstitutional to prohibit anyone other than a licensed pharmacist to distribute nonprescription contraceptives to persons 16 years of age or over, to prohibit the distribution of nonprescription contraceptives by any adult to minors under 16 years of age, and to prohibit anyone, including licensed pharmacists, to advertise or display contraceptives.
Whole Woman's Health v. Hellerstedt, 579 U.S. 582 (2016), was a landmark decision of the US Supreme Court announced on June 27, 2016. The Court ruled 5–3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion. On June 28, 2016, the Supreme Court refused to hear challenges from Wisconsin and Mississippi where federal appeals courts had enjoined the enforcement of similar laws.
June Medical Services, LLC v. Russo, 591 U.S. ___ (2020), was a United States Supreme Court case in which the Court ruled that a Louisiana state law placing hospital-admission requirements on abortion clinics doctors was unconstitutional. The law mirrored a Texas state law that the Court found unconstitutional in 2016 in Whole Woman's Health v. Hellerstedt (WWH).
Abortion in New Hampshire is legal up to the 24th week of pregnancy as of January 1, 2022, when a new law went into effect. Prior to this, the gestational limit was unclear. Abortion was criminalized in the state by 1900. In June 2003, the state passed a parental notification law, repealing it four years later before passing a new one in 2011. New Hampshire then passed a law in 2012 which required minors to wait 48 hours after requesting an abortion but no longer required parental consent. New Hampshire law regarding abortion has been heard before the US Supreme Court in the case Ayotte v. Planned Parenthood of Northern New England in 2006. The number of abortion clinics in New Hampshire has declined over the years, with 18 in 1982, 16 in 1992 and four in 2014. In 2010, there were three publicly funded abortions in the state; all three were federally funded. There are both active abortion rights and anti-abortion rights activists in the state.
Box v. Planned Parenthood of Indiana and Kentucky, Inc., No. 18-483, 587 U.S. ___, 139 S.Ct. 1780 (2019), was a United States Supreme Court case dealing with the constitutionality of a 2016 anti-abortion law passed in the state of Indiana. Indiana's law sought to ban abortions performed solely on the basis of the fetus' gender, race, ethnicity, or disabilities. Lower courts had blocked enforcement of the law for violating a woman's right to abortion under privacy concerns within the Fourteenth Amendment, as previously found in the landmark cases Roe v. Wade and Planned Parenthood v. Casey. The lower courts also blocked enforcement of another portion of the law that required the disposal of aborted fetuses through burial or cremation. The per curiam decision by the Supreme Court overturned the injunction on the fetal disposal portion of the law, but otherwise did not challenge or confirm the lower courts' ruling on the non-discrimination clauses, leaving these in place.
Planned Parenthood v. Rounds, 686 F.3d 889, is an Eighth Circuit decision addressing the constitutionality of a South Dakota law which forced doctors to make certain disclosures to patients seeking abortions. The challenged statute required physicians to convey to their abortion-seeking patients a number of state-mandated disclosures, including a statement that abortions caused an "[i]ncreased risk of suicide ideation and suicide." Planned Parenthood of Minnesota, North Dakota, South Dakota, along with its medical director Dr. Carol E. Ball, challenged the South Dakota law, arguing that it violated patients' and physicians' First Amendment free speech rights and Fourteenth Amendment due process rights. After several appeals and remands, the Eighth Circuit, sitting en banc, upheld the South Dakota law, holding that the mandated suicide advisement was not "unconstitutionally misleading or irrelevant," and did "not impose an unconstitutional burden on women seeking abortions or their physicians." This supplemented the Eighth Circuit's earlier rulings in this case, where the court determined that the state was allowed to impose a restrictive emergency exception on abortion procedures and to force physicians to convey disclosures regarding the woman's relationship to the fetus and the humanity of the fetus.
Mazurek v. Armstrong, 520 U.S. 968 (1997), was a United States Supreme Court case in which the Court upheld a Montana law permitting only licensed physicians to perform abortions. The Court summarily reversed a ruling of the United States Court of Appeals for the Ninth Circuit that had held that the law was likely intended to inhibit abortion access. In a per curiam opinion, a majority of the Court found that there was no evidence that the Montana legislature acted with an invalid intent. The Court also reiterated its earlier holding in Planned Parenthood v. Casey that the states have broad flexibility to regulate abortion so long as their regulations do not create an undue burden on a woman's right to choose. Three dissenting justices, in an opinion by Justice John Paul Stevens, wrote that they would have declined to hear the case because proceedings were still pending in the lower courts. The law itself was later struck down by the Montana Supreme Court on state-constitutional grounds.
The Texas Heartbeat Act, Senate Bill 8, is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect on September 1, 2021, after the U.S. Supreme Court denied a request for emergency relief from Texas abortion providers. It was the first time a state has successfully imposed a six-week abortion ban since Roe v. Wade, and the first abortion restriction to rely solely on enforcement by private individuals through civil lawsuits, rather than having state officials enforce the law with criminal or civil penalties. The act authorizes members of the public to sue anyone who performs or facilitates an illegal abortion for a minimum of $10,000 in statutory damages per abortion, plus court costs and attorneys' fees.
Whole Woman's Health v. Jackson, 595 U.S. ___ (2021), was a United States Supreme Court case brought by Texas abortion providers and abortion rights advocates that challenged the constitutionality of the Texas Heartbeat Act, a law that outlaws abortions after six weeks. The Texas Heartbeat Act prohibits state officials from enforcing the ban but authorizes private individuals to enforce the law by suing anyone who performs, aids, or abets an abortion after six weeks. The law was structured this way to evade pre-enforcement judicial review because lawsuits challenging the constitutionality of state statutes are typically brought against state officials who are charged with enforcing the law, as the state itself cannot be sued under the doctrine of sovereign immunity.
Respondent