Washington – The Supreme Court, in a rare unanimous decision on abortion, said Wednesday states may require girls under age 18 to tell a parent at least two days before having an abortion so long as the law also permits doctors to act quickly in medical emergencies.
The ruling resolves, for now, a New Hampshire case without making any significant change in the law.
Justice Sandra Day O’Connor, in what may be her final opinion, set out a compromise solution that gave both sides most of what they asked for.
State lawmakers wanted to ensure that a pregnant girl would speak to a parent and then wait at least 48 hours before going ahead with an abortion.
“States unquestionably have the right to require parental involvement when a minor considers terminating her pregnancy,” O’Connor said.
Forty-four states have laws on the books that give parents a role in the abortion decision, she noted.
However, the New Hampshire Legislature did not provide exemptions for medical emergencies.
“In some very small percentage of cases, pregnant minors, like adult women, need immediate abortions to avert serious and often irreversible damage to their health,” O’Connor said. “A state may not restrict access to abortions that are necessary, in appropriate medical judgment, for preservation of the life or health of the mother.”
O’Connor described both principles as “established” and not necessarily in conflict.
Two lower courts had voided the entire New Hampshire law because it did not include the exception for medical emergencies.
O’Connor called that a “blunt remedy” that went too far.
