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PLANNED PARENTHOOD OF SOUTHERN ARIZONA v. LAWALL

No. 98-15862.

180 F.3d 1022 (1999)

PLANNED PARENTHOOD OF SOUTHERN ARIZONA, and its corporate chapter, Arizona Women's Clinic, Inc.; Planned Parenthood of Central and Northern Arizona, Inc.; Frederic N. Stimmell, MD, individually and on behalf of his minor patients, Plaintiffs-Appellees, v. Barbara LAWALL, as County Attorney for the County of Pima, and as representative for all other prosecuting attorneys similarly situated throughout the State of Arizona, including without limitation City Attorneys; Cochise County; City of Williams, Gary Verberg as City Attorney of City of Williams; Gila County Attorney, Defendants-Appellants, and Janet Napolitano, Arizona Attorney General, Defendant-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 1999.

Attorney(s) appearing for the Case

John N. Iurino, Lewis and Roca, Tucson, Arizona, for the plaintiffs-appellees.

Paula S. Bickett, Assistant Attorney General, Phoenix, Arizona, for the defendant-intervenor-appellant.

Before: CHOY and TASHIMA, Circuit Judges, and RESTANI, Court of International Trade Judge.

TASHIMA, Circuit Judge:

We must decide whether the Arizona parental consent statute, which contains an indeterminate judicial bypass provision, and an open-ended medical emergency provision is constitutional. We hold that it is not. Planned Parenthood of Southern Arizona and its corporate chapter, Arizona Women's Clinic, Inc., Planned Parenthood of Central and Northern Arizona, Inc., and Frederic N. Stimmell, MD, individually and on behalf of his minor patients (collectively...

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