Oct. 13, 2005 – An abortion rights organization and the State of New Hampshire filed Supreme Court briefs yesterday in what will be the first case on the subject in the Chief Justice John G. Roberts era. The case involves a state law barring the procedure for minors without parental consent, a provision opponents say fails to protect the health and well-being of the woman.
Last year, in Planned Parenthood of Northern New England v. Heed, a federal appeals court found in favor of Planned Parenthood and its allies, ruling a New Hampshire parental notification law unconstitutional due to its failure to account for the pregnant woman’s health. The decision followed a similar ruling by a lower court in 2003.
Earlier this year, state Attorney General Kelly Ayotte asked the Supreme Court to hear a challenge to the lower court rulings, setting up the present case, which groups on both sides of the abortion debate view as an important early test of the new Court.
Noting that, "For more than 30 years, the Supreme Court has consistently held that women's health must be the paramount concern in laws that restrict abortion access," Planned Parenthood President Karen Pearl warned that the case, could "drastically affect women's health and safety" for the foreseeable future.
"With Ayotte v. Planned Parenthood scheduled to come before the court on November 30, it is critical that Supreme Court nominee Harriet Miers make clear her views on reproductive rights during the hearing process," Pearl added.
Opponents of abortion rights also see the importance of the Miers nomination. In a statement on her nomination, the National Right to Life Committee noted that many observers believe it is likely that Ayotte will be decided by a 5-4 vote.
In a statement supporting Planned Parenthood, the rights group Naral Pro-Choice America cautioned: "If the court rules in favor of New Hampshire, then we could see an onslaught of anti-choice legislation flood our state houses. Pro-choice Americans are watching closely to see whether the court continues its role as the guardian of women's health provisions."
According to the Associated Press, 149 New Hampshire legislators from both parties have signed a legal brief opposing the parental notification law because of its failure to include health exemptions.
Ayotte’s office has gained the support of several organizations. In August, the Alliance Defense Fund and Christian Legal Society both filed initial briefs of support for the Attorney General’s suit.
Two right-wing religious organizations, Focus on the Family and the Family Research Counsel, also filed amicus briefs in support of the law this summer.
