Hodgson v. Minnesota

About this case

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1990 United States Supreme Court case

Hodgson v. Minnesota, 497 U.S. 417 (1990), was a United States Supreme Court abortion rights case that dealt with whether a state law may require notification of both parents before a minor can obtain an abortion . The law in question provided a judicial alternative.

Background

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The case concerned a Minnesota law. The law required notice to both parents of a minor before she could undergo an abortion; it also contained a judicial bypass provision designed to take effect only if a court found one to be necessary.[1] Dr. Jane Hodgson , a Minneapolis gynecologist, challenged the law. The Eighth Circuit had ruled that the law would be unconstitutional without a judicial bypass, but that the bypass provision saved it.[1]

Opinion of the Court

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While Justice Stevens delivered a majority opinion for one of the holdings, there were five votes for each of two holdings, with Justice O'Connor proving as the decisive vote for each.[1] Justices Stevens, Brennan, Marshall, Blackmun and O'Connor formed a majority holding that the two-parent notice requirement by itself was unconstitutional.[1] Justice O'Connor believed that the two-parent requirement entailed risk to a pregnant teenager; she also argued that the rule failed to meet even the lowest standard of judicial review, a rationality standard.[1] She joined the Court's more conservative Justices (Chief Justice Rehnquist and Justices White, Scalia and Kennedy), to form a majority for the law being valid with the judicial bypass; Justice Kennedy had pointed out the usefulness of the bypass procedure, as judges granted all but a handful of requests to authorize abortions without parental notice.[1]

The ruling struck down the two-parent notification requirement, the majority citing an APA brief asserting that one-parent families are common in that state and that within the state, a minor often only needs one parent's permission for certain health needs; the rest of the statute, though, was voted constitutional because of its allowance for judicial bypass.

This case involved the first restriction on abortion that Justice O'Connor voted to strike down.[1]

References

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1 2 3 4 5 6 7 Greenhouse, Linda (2005), Becoming Justice Blackmun, Times Books, pp. 196–197

External links

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Text of Hodgson v. Minnesota, 497 U.S. 417 (1990) is available from: Findlaw Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)

United States Fourteenth Amendment case law

Due Process Clause

Equal Protection Clause

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How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that a two-parent notification requirement for a minor to obtain an abortion was unconstitutional

noting that preliminary injunction issued by district court still remained in effect when the Supreme Court entered its final judgment

recognizing \the commonlaw requirement of parental consent for any medical procedure performed on minors.\

recognizing \the common-law requirement of parental consent for any medical procedure performed on minors.\

explaining that “State regulation of ... marriage is obviously permissible” but this regulation “must be predicated on legitimate state concerns other than disagreement with the choice the individual has made”

finding a state statute's two-parent notification requirement for minors seeking abortions unconstitutional, but permitting the notification when coupled with a judicial bypass provision

Hodgson v. Minnesota

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About this case

Background

Opinion of the Court

See also

References

External links

How courts have described this case

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