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PLANNED PARENTHOOD OF IDAHO, INC. v. WASDEN

Nos. 02-35700, 02-35714.

376 F.3d 908 (2004)

PLANNED PARENTHOOD OF IDAHO, INC.; Glenn H. Weyhrich, M.D., Plaintiffs-Appellants, v. Lawrence WASDEN, Attorney General of the State of Idaho; Greg Bower, Ada County Prosecuting Attorney, Defendants-Appellees. Planned Parenthood of Idaho, Inc.; Glenn H. Weyhrich, M.D., Plaintiffs-Appellees, v. Lawrence Wasden, Attorney General of the State of Idaho; Greg Bower, Ada County Prosecuting Attorney, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2004.

Attorney(s) appearing for the Case

Helene T. Krasnoff, Planned Parenthood Federation of America, Washington, DC, for the plaintiffs-appellants-cross-appellees.

Clinton E. Minor, Deputy Attorney General and Jeremy Chou, Deputy Attorney General, State of Idaho, Boise, ID; Scott J. Smith, Racine, Olson, Nye, Budge & Bailey, Pocatello, ID, for the defendants-appellees-cross-appellants.

William T. Sali, Kuna, ID, for the amici-curiae.

A. Stephen Hut, Jr., Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for amici-curiae Society for Adolescent Medicine, American Public Health Ass'n and Physicians for Reproductive Choice and Health.

Before HAWKINS, McKEOWN, and BERZON, Circuit Judges.

BERZON, Circuit Judge:

These appeals concern Idaho's law governing minors' access to abortion services. We conclude that the statute's definition of "medical emergency" is unconstitutionally narrow, and that, without an adequate medical exception, the parental consent statute is invalid.

I. BACKGROUND

A. The Statutes

The statutes at issue are 2000 Idaho Session Laws 7, Senate Bill No. 1299, and 2001 Idaho Session Laws 277, House...

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