The Supreme Court today accepted its first abortion case in five years, an unexpected development that, despite the rather technical questions the case presents, is likely to add even more heat to the already super-heated atmosphere surrounding the court and its immediate future.
The new case is an appeal by the state of New Hampshire of a federal appeals court ruling that struck down a parental-notification requirement for minors seeking abortions. ...
[I]t presents two questions that the court has not previously addressed in the context of parental-notice laws. One is whether such laws must explicitly provide an exception for minors whose continued pregnancy is a threat to their health. The other is what standard courts should use in evaluating a judicial challenge to abortion laws that like the New Hampshire law, enacted in 2003, have yet to take effect [Planned Parenthood v. Casey].
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