Wasden
Planned Parenthood of Idaho, Inc. v. Wasden
Opinion
Lead Opinion
Berzon, J.
These appeals concern Idaho’s law governing minors’ access to abortion services. We conclude that the statute’s definition of “medical emergency” is unconstitutionally narrow, and that, without an adequate medical exception, the parental consent statute is invalid.
I. BACKGROUND
A. The Statutes
The statutes at issue are 2000 Idaho Session Laws 7, Senate Bill No. 1299, and 2001 Idaho Session Laws 277, House Bill No. 340 (together, the “parental consent statute”), which together replaced, amended, or added sections 9-340G, 18-602, 18-604, 18-605, 18-608A, 18-609, 18-609A, 18-614, and 18-615 to the Idaho Code. 1 Although the instant suit challenges only sections 18-605, 18-609A, and 18-614, an outline of the overall statutory scheme aids in evaluating the legal issues before us:
Section 18-602 sets forth legislative findings supporting the remainder of the statute; section 18-604 defines various terms used in the statute.
Section 18-605 establishes civil and criminal penalties for persons who perform abortions other than as permitted by the remainder of title 18, chapter 6 of the Idaho Code.
Section 18-609A specifies special consent prerequisites to performing an abortion upon…