Lawall

We must decide whether the Arizona parental consent statute, which contains an indeterminate judicial bypass provision, and an open-ended medical emergency provision is constitutional. We hold that it is not. Planned Parenthood of Southern Arizona and its corporate chapter, Arizona Women’s Clinic, Inc., Planned Parenthood of Central and Northern Arizona, Inc., and Frederic N. Stimmell, MD, individually and on behalf of his minor patients (collectively “Planned Parenthood”) challenges the facial validity of the statute. The district court permanently enjoined the statute’s enforcement, holding that the statute was unconstitutional due to the lack of specific time limits in its judicial bypass provision and the vagueness of its medical emergency provision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

In 1989, the Arizona legislature adopted A.R.S. § 36-2152, a parental consent law. The district court held that the 1989 statute was unconstitutionally vague and entered a permanent injunction. See Planned Parenthood v. Neely, 804 F.Supp. 1210 (D.Ariz.1992). The State did not appeal.

In 1996, the Arizona Legislature repealed A.R.S. § 36-2152 (1989), and enacted a…