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View Diary: Understanding the Right to Privacy And the Right to Choose (322 comments)

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  •  I think you are right (none)
    But the helth exception is implicit not explicit, so it goes the way of Stenberg or would have with O'Connor.

    Sgtenberg, if you recall, was struck down for its lack of a health exception - although it was on the partial birth ban.

    The SCOTUS is Extraordinary.

    by Armando on Tue Oct 18, 2005 at 11:20:10 PM PDT

    [ Parent ]

    •  But in Stenberg was there a judicial bypass? (none)
      I don't think so.  

      So the question then becomes whether a judicial bypass is a form of health exception because a Judge will have to, under Casey and Stenberg, rule that notification is not necessary if the health of the minor will be adversely impacted by the parental notification (e.g., the abortion is medically necessary and the parents will forbid it).

      An interesting issue.  I assume the argument is that if a statute has an explicit "health exception" a doctor could perform an abortion without parental notification if the DOCTOR determined it was medically necessary.  Wheras, if the statute only has a judicial bypass, then the doctor could not perform the abortion without parental notification, even if the doctor determined it was medically necessary, until the court gave an ok.

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