HOPE YEN, Associated Press Writer
19 minutes ago
WASHINGTON - The Supreme Court, re-entering the abortion debate amid burgeoning speculation about Chief Justice William H. Rehnquist's retirement, agreed Monday to hear an appeal of a decision striking down a state parental notification law.
Justices will review a lower court ruling that struck down such a law in New Hampshire. The Boston-based 1st U.S. Circuit Court of Appeals said the 2003 law was unconstitutional because it didn't provide an exception to protect the minor's health in the event of a medical emergency.
The decision to review the emotional case, which also comes at a time of bitterly partisan fighting in the Senate over President Bush's nominees for federal judgeships, will be heard in the next term beginning in October. Liberal groups have vowed to fight any Rehnquist replacement who opposes the high court's landmark 1973 decision legalizing abortion.
In their appeal, New Hampshire officials argued that the abortion law need not have an "explicit health exception" because other state provisions call for exceptions when the mother's health is at risk. They also asked justices to clarify the legal standard that is applied when reviewing the constitutionality of abortion laws.
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more:
http://news.yahoo.com/s/ap/20050523/ap_on_go_su_co/scotus_abortion