WICKLUND v. SALVAGNI

No. 95-36028.

93 F.3d 567 (1996)

Susan WICKLUND, M.D.; James H. Armstrong, M.D.; Lindsay Richards, M.D., Susan Cahill, P.A.; Douglas Webber, M.D.; Beth E. Thompson, M.D.; Mary Stranahan, D.O.; and Mark Miles, M.D., on behalf of themselves and their patients throughout Montana, and surrounding states and Canada, Plaintiffs-Appellees, v. Michael SALVAGNI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 16, 1996.


Attorney(s) appearing for the Case

Clay R. Smith, Assistant Attorney General, Helena, Montana, for defendant-appellant.

Simon Heller, Center for Reproductive Law and Policy, New York City, for plaintiff-appellee.

Before: REAVLEY, REINHARDT, WIGGINS, Circuit Judges.


OPINION

REINHARDT, Circuit Judge:

The issue in this case is whether a Montana statute that requires that minors notify a parent before obtaining an abortion is constitutional. The statute provides for a form of "judicial bypass" of its parental notification provision for certain minors. Plaintiffs filed an action in district court contending that the notification statute was unconstitutional because the bypass was inadequate. The district court found the...

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