LAMBERT, GALLATIN COUNTY ATTORNEY v. WICKLUND ET AL.
No. 96-858
Supreme Court of the United States
Decided March 31, 1997
520 U.S. 292
Before a minor has an abortion in Montana, one of her parents must be notified. A waiver, or “judicial bypass,” of the notification requirement is allowed if the minor can convince a court that notification would not be in her best interests. The Court of Appeals for the Ninth Circuit struck down Montana‘s parental notification law as unconstitutional, holding that the judicial bypass did not sufficiently protect the right of minors to have an abortion. Because the Ninth Circuit‘s holding is in direct conflict with our precedents, we grant the petition for a writ of certiorari and reverse.
In 1995, Montana enacted the Parental Notice of Abortion Act. The Act prohibits a physician from performing an abortion on a minor unless the physician has notified one of the minor‘s parents or the minor‘s legal guardian 48 hours in advance.
If the court finds by clear and convincing evidence that any of the following three conditions are met, it must grant the petition and waive the notice requirement: (i) the minor is “sufficiently mature to decide whether to have an abortion“; (ii) “there is evidence of a pattern of physical, sexual, or emotional abuse” of the minor by one of her parents, a guardian, or a custodian; or (iii) “the notification of a parent or guardian is not in the best interests of the [minor].”
Before the Act‘s effective date, respondents—several physicians who perform abortions, and other medical personnel—filed a complaint seeking a declaration that the Act was unconstitutional and an order enjoining its enforcement. The District Court for the District of Montana, addressing only one of respondents’ arguments, held that the Act was unconstitutional because the third condition set out above was too narrow. According to the District Court, our precedents require that judicial bypass mechanisms authorize waiver of the notice requirement whenever “the abortion would be in [the minor‘s] best interests,” not just when ”notification would not be in the minor‘s best interests.” App. to Pet. for Cert. 17a (emphasis in original) (citing Bellotti v. Baird, 443 U. S. 622, 640-642 (1979) (plurality opinion)). Three days before the Act was to go into effect, the District Court enjoined its enforcement.
The Court of Appeals affirmed, stating that it was bound by its prior decision in Glick v. McKay, 937 F. 2d 434 (CA9 1991). See Wicklund v. Salvagni, 93 F. 3d 567, 571-572 (CA9 1996). Glick struck down Nevada‘s parental notification statute which, like Montana‘s statute here, allowed a minor to bypass the notification requirement if a court deter-
In Bellotti, we struck down a statute requiring a minor to obtain the consent of both parents before having an abortion, subject to a judicial bypass provision, because the judicial bypass provision was too restrictive, unconstitutionally burdening a minor‘s right to an abortion. Id., at 647 (plurality opinion); id., at 655-656 (STEVENS, J., concurring in judgment). The Court‘s principal opinion explained that a constitutional parental consent statute must contain a bypass provision that meets four criteria: (i) allow the minor to bypass the consent requirement if she establishes that she is mature enough and well enough informed to make the abortion decision independently; (ii) allow the minor to bypass the consent requirement if she establishes that the abortion would be in her best interests; (iii) ensure the minor‘s anonymity; and (iv) provide for expeditious bypass procedures. Id., at 643-644 (plurality opinion). See also Akron, 497 U. S., at 511-513 (restating the four requirements).
In Akron, we upheld a statute requiring a minor to notify one parent before having an abortion, subject to a judicial bypass provision. We declined to decide whether a parental notification statute must include some sort of bypass provision to be constitutional. Id., at 510. Instead, we held that this bypass provision satisfied the four Bellotti criteria required for bypass provisions in parental consent statutes, and that a fortiori it satisfied any criteria that might be required for bypass provisions in parental notification statutes. Critically for the case now before us, the judicial bypass provision we examined in Akron was substantively indistinguishable from both the Montana judicial bypass provision at issue here and the Nevada provision at issue in Glick. See id., at 508 (summarizing
Despite the fact that Akron involved a parental notification statute, and Bellotti involved a parental consent statute;3 despite the fact that Akron involved a statute virtually identical to the Nevada statute at issue in Glick; and despite the fact that Akron explicitly held that the statute met all of the Bellotti requirements, the Ninth Circuit in Glick struck down Nevada‘s parental notification statute as inconsistent with Bellotti:
“Rather than requiring the reviewing court to consider the minor‘s ‘best interests’ generally, the Nevada statute requires the consideration of ‘best interests’ only with respect to the possible consequences of parental notification. The best interests of a minor female in obtaining an abortion may encompass far more than her interests in not notifying a parent of the abortion decision. Furthermore, in Bellotti, the court expressly stated, ‘[i]f, all things considered, the court determines that an abortion is in the minor‘s best interests, she is entitled to court authorization without any parental involvement.’ Bellotti, 443 U.S. at 648 (emphasis added). Therefore, the Nevada statute impermissibly narrows
the Bellotti ‘best interests’ criterion, and is unconstitutional.” 937 F. 2d, at 439.
Based entirely on Glick, the Ninth Circuit in this case affirmed the District Court‘s ruling that the Montana statute is unconstitutional, since the statute allows waiver of the notification requirement only if the youth court determines that notification—not the abortion itself—is not in the minor‘s best interests. 93 F. 3d, at 572.
As should be evident from the foregoing, this decision simply cannot be squared with our decision in Akron. The Ohio parental notification statute at issue there was indistinguishable in any relevant way from the Montana statute at issue here. Both allow for judicial bypass if the minor shows that parental notification is not in her best interests. We asked in Akron whether this met the Bellotti requirement that the minor be allowed to show that “the desired abortion would be in her best interests.” We explicitly held that it did. 497 U. S., at 511. Thus, the Montana statute meets this requirement, too. In concluding otherwise, the Ninth Circuit was mistaken.
Respondents (as did the Ninth Circuit in Glick) place great emphasis on our statement in Akron, that ” [t]he statute requires the juvenile court to authorize the minor‘s consent where the court determines that the abortion is in the minor‘s best interest.” 497 U. S., at 511 (emphasis added) (citing
Respondents, echoing the Ninth Circuit in Glick, claim that there is a constitutionally significant distinction between requiring a minor to show that parental notification is not in her best interests, and requiring a minor to show that an abortion (without such notification) is in her best interests. See Brief in Opposition 12-13; 937 F. 2d, at 438-439. But the Montana statute draws no such distinction, and respondents cite no Montana state-court decision suggesting that the statute permits a court to separate the question whether parental notification is not in a minor‘s best interest from an inquiry into whether abortion (without notification) is in the minor‘s best interest. As with the Ohio statute in Akron, the challenge to the Montana statute here is a facial one. Under these circumstances, the Ninth Circuit was incorrect to assume that Montana‘s statute “narrow[ed]” the Bellotti test, 937 F. 2d, at 439, as interpreted in Akron.
It is so ordered.
APPENDIX TO PER CURIAM OPINION
“(1) The requirements and procedures under this section are available to minors and incompetent persons whether or not they are residents of this state.
“(2) (a) The minor or incompetent person may petition the youth court for a waiver of the notice requirement and may participate in the proceedings on the person‘s own behalf. The petition must include a statement that the petitioner is pregnant and is not emancipated. The court may appoint a guardian ad litem for the petitioner. A guardian ad litem is required to maintain the confidentiality of the proceedings. The youth court shall advise the petitioner of the right to court-appointed counsel and shall provide the petitioner with counsel upon request.
“(b) If the petition filed under subsection (2)(a) alleges abuse as a basis for waiver of notice, the youth court shall treat the petition as a report under
41-3-202 . The provisions of Title 41, chapter 3, part 2, apply to an investigation conducted pursuant to this subsection.“(3) Proceedings under this section are confidential and must ensure the anonymity of the petitioner. All proceedings under this section must be sealed. The petitioner may file the petition using a pseudonym or using the petitioner‘s initials. All documents related to the petition are confidential and are not available to the public. The proceedings on the petition must be given preference over other pending
matters to the extent necessary to ensure that the court reaches a prompt decision. The court shall issue written findings of fact and conclusions of law and rule within 48 hours of the time that the petition is filed unless the time is extended at the request of the petitioner. If the court fails to rule within 48 hours and the time is not extended, the petition is granted and the notice requirement is waived. “(4) If the court finds by clear and convincing evidence that the petitioner is sufficiently mature to decide whether to have an abortion, the court shall issue an order authorizing the minor to consent to the performance or inducement of an abortion without the notification of a parent or guardian.
“(5) The court shall issue an order authorizing the petitioner to consent to an abortion without the notification of a parent or guardian if the court finds, by clear and convincing evidence, that:
“(a) there is evidence of a pattern of physical, sexual, or emotional abuse of the petitioner by one or both parents, a guardian, or a custodian; or
“(b) the notification of a parent or guardian is not in the best interests of the petitioner.
“(6) If the court does not make a finding specified in subsection (4) or (5), the court shall dismiss the petition.
“(7) A court that conducts proceedings under this section shall issue written and specific findings of fact and conclusions of law supporting its decision and shall order that a confidential record of the evidence, findings, and conclusions be maintained.
“(8) The supreme court may adopt rules providing an expedited confidential appeal by a petitioner if the youth court denies a petition. An order authorizing an abortion without notice is not subject to appeal.
“(9) Filing fees may not be required of a pregnant minor who petitions a court for a waiver of parental notification or appeals a denial of a petition.”
We assumed in Ohio v. Akron Center for Reproductive Health, 497 U. S. 502 (1990) (Akron II), that a young woman‘s demonstration that an abortion would be in her best interest was sufficient to meet the requirements of the Ohio statute‘s judicial bypass provision. In my view, that case requires us to make the same assumption here. Whether that is a necessary showing is a question we need not reach.
In Akron II, we upheld a statute authorizing a judicial bypass of a parental notice requirement on the understanding that
While a showing that an abortion is in a young woman‘s best interest is therefore sufficient to satisfy the Montana judicial bypass provision as we understood an analogous statute in Akron II, I do not think the Court need address whether the Montana statute can be properly understood to make such a demonstration a necessary requirement. My colleagues suggest that the statute requires a minor “to show that abortion without notification is in her best interests,” ante, at 297-298 (emphasis deleted). To the extent this language indicates that a young woman must demonstrate both that abortion is in her best interest and that notification is not, I think that question is best left for another day. I note, however, that the plain language of the statute makes passably clear that a showing that notification is not in the minor‘s best interest is alone sufficient. See
Although I therefore do not agree with all of the Court‘s reasoning, I concur in the majority‘s view that the judgment of the Court of Appeals must be reversed.