If anyone forgot why Sandra Day O’Connor’s retirement is going to cause a huge political firestorm this summer, here’s a reminder:
TALLAHASSEE, Florida (AP) — A federal judge has refused to stop enforcement of a new Florida law requiring doctors to notify parents 48 hours before performing an abortion on a patient under 18.
Under the law, doctors must notify parents by phone, in person or by certified mail before an abortion on a minor. Doctors can perform the abortion if there’s a medical emergency, however.
The law also lets judges grant waivers based on the patient’s best interests, her level of maturity or if she has been a victim of parental abuse.
Supporters argue the law is needed to restore the rights of parents to be involved in their children’s lives. The lawsuit argues the law endangers girls by delaying emergency treatment.
Believe it or not, I’m torn on this one. I do think parents should be involved in their children’s major medical decisions. In my state, you have to get your parents’ permission to get your navel pierced.
But, that stance assumes rational, loving, engaged parents. What if that fetus is the result of daddy raping his daughter? What if mom’s an abusive drunk? What if the parents are strict Christian pro-lifers and daughter is a 17-year-9-month-old pro-choice vegan?
Sure, there’s provisions for the judge to grant waivers, but then what if the judge is a strict pro-life whackaloon who never grants waivers? Can she get a different judge? What about all the time passing between filing, processing, hearings, and maybe shopping for a new judge?
I need to know more. Does the law merely require parental “notification” or parental “approval”. Could a girl go get an abortion regardless of her parents’ protests? Until I have more data, I’m going to be 60% against these parental notification laws.
The Supreme Court will hear a related New Hampshire case this fall, considering whether health exceptions are required in abortion laws requiring parental notification.
I wonder if that will be brought up in any judicial nominee’s confirmation hearings?
