This report discusses Ayotte v. Planned Parenthood of
Northern New England, which will be decided by the U.S. Supreme Court this term. The case
involves the constitutionality of the New Hampshire Parental Notification Prior to Abortion Act.
In November 2004, the U.S. Court of Appeals for the First Circuit invalidated the act because it does
not include an explicit exception that would waive the measure's requirements to preserve the health
of the pregnant minor. Ayotte, the Attorney General of New Hampshire, contends that a judicial
bypass procedure included in the act and other state statutes sufficiently preserve the health of a
minor. The Court will review that position, and consider whether the First Circuit applied the correct
standard of review when it heard the case in 2004.