HODGSON v. MINNESOTA

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Case Basics
Docket No. 
88-1125
Petitioner 
Hodgson
Respondent 
Minnesota
Consolidation 
Minnesota et al. v. Hodgson et al., No. 88-1309
Advocates
(Argued the cause for Hodgson)
(Chief Deputy Attorney General of Minnesota argued the cause for Minnesota)
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Term:
Facts of the Case 

Under Section 2 of a Minnesota statute regulating a minor's access to abortion, women under 18 were denied access to the procedure until 48 hours after both their parents had been notified. Exceptions were made in the cases of medical emergencies and women who were victims of parental abuse. Section 6 of the law allowed the courts to judicially bypass Section 2 if the young woman could maturely demonstrate that notification would be unwise.

Question 

Did the Minnesota abortion notification statute unconstitutionally restrict a minor's access to having an abortion?

Conclusion 
Decision: 5 votes for Minnesota, 4 vote(s) against
Legal provision: Due Process

The Court found Section 2 of the statute unconstitutional because requiring notification of both parents, whether or not both wanted to know or had taken responsibility for raising the child, did not serve a legitimate state interest. The Court favored notification of only one parent and a 48 hour waiting period. The Court upheld Section 6 of the law.

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HODGSON v. MINNESOTA. The Oyez Project at IIT Chicago-Kent College of Law. 04 April 2014. <http://www.oyez.org/cases/1980-1989/1989/1989_88_1125>.
HODGSON v. MINNESOTA, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1980-1989/1989/1989_88_1125 (last visited April 4, 2014).
"HODGSON v. MINNESOTA," The Oyez Project at IIT Chicago-Kent College of Law, accessed April 4, 2014, http://www.oyez.org/cases/1980-1989/1989/1989_88_1125.