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PLANNED PARENTHOOD OF SOUTHERN ARIZONA v. LAWALL

Nos. 01-16799, 01-16861.

307 F.3d 783 (2002)

PLANNED PARENTHOOD OF SOUTHERN ARIZONA; Planned Parenthood of Central and Northern Arizona, Inc.; David L. Child, M.D., Plaintiffs-Appellants, v. Barbara LAWALL, County Attorney for Pima County and as the representatives for all other County and City Attorneys; Janet Napolitano, Arizona Attorney General, Defendants-Appellees. Planned Parenthood of Southern Arizona; Planned Parenthood of Central and Northern Arizona, Inc.; David L. Child, M.D., Plaintiffs-Appellants, Barbara Lawall, County Attorney for Pima County and as the representatives for all other County and City Attorneys; Janet Napolitano, Arizona Attorney General, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 9, 2002.

Attorney(s) appearing for the Case

Eve C. Gartner, Planned Parenthood Federation of American, Inc., New York, NY, for the appellants.

Paula S. Bickett, Chief Counsel, Civil Appeals, Office of the Attorney General, Phoenix, AZ, for the appellees.

Before LAY, FERGUSON, and TALLMAN, Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

Planned Parenthood of Southern Arizona and its corporate chapter, Planned Parenthood of Central and Northern Arizona, Inc., and David L. Child, M.D., (collectively "Planned Parenthood") challenge the facial validity of Arizona's parental consent abortion statute. We must decide whether the current incarnation of the statute's judicial bypass provision satisfies two constitutionally recognized rights of privacy—the right...

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