I'll leave the legal fine points to those better prepared to dicuss them than I, but today, the SCOTUS agreed to review the New Hampshire Parental Notification Law that had been ruled unConstitutional by the 1st US Circuit Court of Appeals.
From MSNBC:
"The Supreme Court, re-entering the politically charged abortion debate after five years, agreed Monday to hear a state appeal seeking to reinstate a law requiring parental notification before minors can terminate their pregnancies.
...
"The Boston-based 1st U.S. Circuit Court of Appeals said the 2003 law was unconstitutional because it didn't provide an exception to protect the minor's health in the event of a medical emergency and because its exception for preventing the death of the woman was too narrow.
Both problems, the lower court said, violate the Constitution by placing an "undue burden" on access to the procedure."
There is one thing I am certain will happen as a result of this decision. This case will be argued next October, which means the decision will likely come down in about a year. Right smack in the middle of the 2006 Senatorial campaigns. The impending retirement of Rhenquist and the battle to replace him with another anti-Roe justice will intensify and figure broadly in those Senate races. Regardless of how the court rules, one side or the other (or both) will be making great stacks of political hay out of this.