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Hodgson v. Minnesota

Hodgson v. Minnesota is a significant Supreme Court case that addresses the complexities surrounding parental notification requirements for minors seeking an abortion. The case specifically dealt with a law in Minnesota that mandated notification of both parents before an unmarried minor could proceed with an abortion. The Supreme Court ultimately ruled that a two-parent notification requirement without a judicial bypass was unconstitutional, as many minors do not live with both parents and may have limited contact with one. However, the Court upheld a version of the law that included a judicial bypass, viewing it as a reasonable process to assess circumstances in which parental notification may not serve the minor's best interests. The decisions were closely contested, with a 5-4 split among justices, and Justice Sandra Day O'Connor played a critical role by providing the decisive vote in both outcomes. This case highlights ongoing legal and ethical discussions about parental rights, minors' autonomy, and accessibility to reproductive healthcare.

Published in: 2022
By: Lewis, Thomas Tandy
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Hodgson v. Minnesota

Date: June 25, 1990

Citation: 497 U.S. 417

Issue: Abortion

Significance: The Supreme Court’s rulings regarding requirements that both parents of an unmarried minor be notified before the young woman obtains an abortion indicated that the Court would approve some restrictions on abortion rights.

The Supreme Court struck down a two-parent notification requirement without a judicial bypass for an unmarried minor to obtain an abortion, but the Court approved of a two-parent notification requirement that included an opportunity for a judicial bypass. In ruling the first option unconstitutional, a 5-4 majority of the justices found that many minors did not live with both parents, and often the absent parent had limited contact with the child. A different 5-4 majority approved of the judicial bypass option as a reasonable way to determine when parental notification is not in the best interests of the young woman. Justice Sandra Day O’Connor provided the fifth vote in both of the decisions.