• Last updated on November 11, 2022

The Supreme Court’s rulings regarding requirements that both parents of an unmarried minor be notified before the young woman obtains an abortion indicated that the Court would approve some restrictions on abortion rights.

The Supreme Court struck down a two-parent notification requirement without a judicial bypass for an unmarried minor to obtain an abortion, but the Court approved of a two-parent notification requirement that included an opportunity for a judicial bypass. In ruling the first option unconstitutional, a 5-4 majority of the justices found that many minors did not live with both parents, and often the absent parent had limited contact with the child. A different 5-4 majority approved of the judicial bypass option as a reasonable way to determine when parental notification is not in the best interests of the young woman. Justice Sandra Day O’Connor provided the fifth vote in both of the decisions.Abortion;Hodgson v. Minnesota[Hodgson v. Minnesota]


Judicial scrutiny

Planned Parenthood of Southeastern Pennsylvania v. Casey

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