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Spokane, Washington  Est. May 19, 1883

Court won’t hear abortion law appeal

Hope Yen Associated Press

WASHINGTON – The Supreme Court declined to hear an appeal Monday to reinstate an Idaho law requiring girls under age 18 to get parental consent for abortions except under the most dire of medical emergencies.

The decision lets stand a lower court ruling that struck down the law because its provisions on emergency abortions were too strict.

At issue was whether the Idaho law was unduly burdensome on young mothers by limiting abortions without consent to “sudden and unexpected” instances of physical complications.

The San Francisco-based 9th U.S. Circuit Court of Appeals said yes, saying there was no reasonable explanation for the restriction. Other emergency medical procedures are allowed on minors without parental permission that do not fit the “sudden and unexpected” category, it said.

The court said the rest of the law could not be salvaged because the emergency provisions were too important.

The justices’ move Monday sidesteps a highly charged issue amid continuing speculation about a looming vacancy on the high court. At least three justices have said they believe Roe v. Wade should be overturned, and liberal groups have vowed to fight any judicial nominee who opposes the landmark ruling.

The Idaho law had been challenged by Planned Parenthood of Idaho and one of the four Idaho doctors who performs abortions.

Other states also provide for parental consent for abortions in many situations, but Idaho’s is considered more stringent than most.

In 2001, there were 738 abortions performed in the state, a drop from 1980, when 2,553 were performed, according to state statistics.