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Ayotte v. Planned Parenthood of Northern New England

Docket No.: 04-1144
Certiorari Granted: May 23 2005
Argued: November 30, 2005
Decided: January 18, 2006

Topic:

Privacy

PartyNames: Kelly A. Ayotte, Attorney General of New Hampshire v. Planned Parenthood of Northern New England, et al.
Petitioner: Kelly A. Ayotte, Attorney General of New Hampshire
Respondent: Planned Parenthood of Northern New England, et al.

Court Below: United States Court of Appeals for the First Circuit

Kelly A. Ayotte, Attorney General of New Hampshire
v.
Planned Parenthood of Northern New England, et al.
546 U.S. 320 (2006)
Question Presented:

1. Did the United States First Circuit Court of Appeals apply the correct standard in a facial challenge to a statute regulating abortion when it ruled that the undue burden standard cited in Planned Parenthood of S.E. Pa. v. Casey, 505 U.S. 833, 876-77 (1992) and Stenberg v. Carhart, 530 U.S. 914, 921 (2000) applied rather than the "no set of circumstances" standard set forth in United States v. Salerno, 481 U.S. 739 (1987)? 2. Whether the New Hampshire Parental Notification Prior to Abortion Act, N.H. Rev. Stat. Ann. ยง 132:24-28 (2003) preserves the health and life of the minor through the Act's judicial bypass mechanism and/or other state statutes?

Question:

May Planned Parenthood of Northern New England challenge the constitutionality of the Parental Notification Prior to Abortion Act in federal court before it is put into effect? Does the Parental Notification Prior to Abortion Act, through the judicial bypass procedure or other safeguards, adequately protect the health of minors seeking abortions?

Holding: vacated and remanded
Vote: 9-0
Opinion By:
Read AYOTTE V. PLANNED PARENTHOOD OF NORTHERN NEW ENGLAND opinion (PDF)

Read opinion
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