Hodgson v. Minnesota
Encyclopedia
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.
, 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.
The law made no allowance for the fact that half the children in Minnesota lived without both biological parents.
thought the two-parent requirement entailed risk to a pregnant teenager; she also said the rule failed to meet even the lowest standard of judicial review, a rationality standard.
Justice Kennedy pointed out the usefulness of the bypass procedure, as judges granted all but a handful of requests to authorize abortions without parental notice.
This case involved the first restriction on abortion that O'Connor voted to strike down.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1990), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
rights case that dealt with whether a state law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
may require notification of both parents before a minor can obtain an abortion. The law in question provided a judicial alternative.
Issue
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. Dr. Jane HodgsonJane Elizabeth Hodgson
Jane Elizabeth Hodgson was an American obstetrician and gynecologist. She is the only person ever convicted in the United States of performing an abortion in a hospital. Hodgson received a bachelor's degree from Carleton College and her M.D. from the University of Minnesota...
, 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.
The law made no allowance for the fact that half the children in Minnesota lived without both biological parents.
Supreme Court Justice Positions
Justice O'ConnorSandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
thought the two-parent requirement entailed risk to a pregnant teenager; she also said the rule failed to meet even the lowest standard of judicial review, a rationality standard.
Justice Kennedy pointed out the usefulness of the bypass procedure, as judges granted all but a handful of requests to authorize abortions without parental notice.
Opinion
There were five votes for each of two holdings. O'Connor, Stevens, Brennan, Marshall, and Blackmun formed a majority holding that the two-parent notice requirement was unconstitutional. O'Connor joined the Court's conservatives, however, to form a majority for the law being valid with the judicial bypass.This case involved the first restriction on abortion that O'Connor voted to strike down.
See also
- List of United States Supreme Court cases, volume 497
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
External links
- OYEZ Project Hodgson v. Minnesota