Sandra Day O'Connor

“ It also found that the Act's judicial bypass would not operate expeditiously enough in medical emergencies. In the alternative, the District Court held the Act's life exception unconstitutional because it requires physicians to certify with impossible precision that an abortion is "necessary" to avoid death, and fails to protect their good faith medical judgment. ”

“ Second, mindful that our constitutional mandate and institutional competence are limited, we restrain ourselves from "rewrit [ing] state law to conform it to constitutional requirements" even as we strive to salvage it. ”

“ Two States give physicians sufficient discretion to perform an abortion to protect minors' health. Me. Rev. Stat. Ann., Tit. 22, §1597–A (2004) ; Md. Health Code Ann. §20–103 (2005) . Four, including New Hampshire, make no exception for minors' health in an emergency. N. H. Stat. §132:26 (2005) ; Minn. Stat. §144.343 (2004) ; Mo. Rev. Stat. §188.028 (2000) ; Wyo. Stat. Ann. §35–6–118 (2003) .↑ . It is the sad reality, however, that young women sometimes lack a loving and supportive parent capable of aiding them "to exercise their rights wisely." ”

“ The Act does not explicitly permit a physician to perform an abortion in a medical emergency without parental notification.
B Respondents are Dr. Wayne Goldner, an obstetrician and gynecologist who has a private practice in Manchester, and three clinics that offer reproductive health services. All provide abortions for pregnant minors, and each anticipates having to provide emergency abortions for minors in the future. ”