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HODGSON v. STATE OF MINN.

Nos. 86-5423, 86-5431.

853 F.2d 1452 (1988)

Jane HODGSON, M.D.; Arthur Horowitz, M.D.; Nadine T., Janet T., Ellen Z., Heather P., Mary J., Sharon L., Kathy M., and Judy M. individually and on behalf of all other persons similarly situated; Diane P., Sarah L. and Jackie H.; Meadowbrook Women's Clinic, P.A., Planned Parenthood of Minnesota, a nonprofit Minnesota corporation; Midwest Health Center for Women, P.A., a nonprofit Minnesota corporation; Women's Health Center of Duluth, P.A., a nonprofit Minnesota corporation, Appellees, v. The STATE OF MINNESOTA; Rudy Perpich as Governor of the State of Minnesota; Hubert H. Humphrey, III, as Attorney General of the State of Minnesota, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1988.

Rehearing Denied September 23, 1988.

Attorney(s) appearing for the Case

John B. Galus, St. Paul, Minn., for appellants.

Janet Benshoof, New York City and William Z. Pentelovitch, Minneapolis, Minn., for appellees.

Before LAY, Chief Judge, and HEANEY, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL and BEAM, Circuit Judges, En Banc.

Rehearing En Banc Denied September 23, 1988.

JOHN R. GIBSON, Circuit Judge.

The issue before us is the constitutionality of a Minnesota statute which requires a pregnant minor to notify her parents of her desire to obtain an abortion or to seek judicial bypass. The statute, Minn.Stat.Ann. §§ 144.343(2)-(7) (1987), requires a minor to notify both parents at least forty-eight hours before a planned abortion or demonstrate to a court in an expedited...

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