Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, November 16, 1993 TAG: 9311160145
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
SOURCE: By Los Angeles Times
DATELINE: WASHINGTON LENGTH: Medium
Without comment or dissent, the justices refused to hear an appeal from abortion-rights attorneys who said a Mississippi law puts "an undue burden" on the constitutional rights of women under age 18.
Because the court did not explain itself, the significance of the action is not clear. Nonetheless, by clearing away the last legal challenges to the Mississippi consent law, the justices went further than before in permitting state officials to restrict abortion for minors.
"They have never been particularly protective of young women's rights," said Catherine Albisa, an attorney for the Center for Reproductive Law and Policy who represented the three Mississippi abortion clinics that challenged the law.
State lawmakers said parent-consent laws are needed to make certain troubled young women consider all the options before choosing an abortion.
In past rulings, a majority of justices approved laws requiring pregnant teen-agers to notify both parents, as long as a judge could waive the requirement if the abortion was considered in the child's "best interest." In other cases, a separate majority concluded that states could require minors to gain the consent of one parent.
Recently the high court has steered clear of abortion disputes, apparently content to let the states begin the enforcement of limited restrictions.
In the 1992 case of Casey vs. Planned Parenthood, the justices upheld the basic right of a woman to choose abortion, but also said states could limit the practice somewhat, especially if the restrictions were intended to help patients make a more informed choice.
If the restrictions went too far and put an "undue burden" on the woman's freedom, the law would be struck down, the court said in a 5-4 opinion.
Since then, however, the justices have not spelled out the difference between a reasonable restriction and an unduly burdensome one.
The Mississippi law says a doctor must get written permission from both parents before performing an abortion on a single girl under age 18. The consent of only one parent is sufficient if the parents are divorced, if the other parent cannot be reached within "a reasonable time," or when incest may have caused the pregnancy.
The consent requirement can be waived in a medical emergency or by a state judge who concludes that the minor is "mature" and that an abortion would be in her "best interest."
In their appeal, the clinic's lawyers said most pregnant teen-agers will consult their parents, but the state law "distorts, devalues and usurps" this normal process by forcing it upon troubled families.
by CNB