St. Paul, MN: West Group. See also: Adolescence and Youth; Children's Rights; Law, Children and the; Teenage Mothers in the United States. <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> <>/MediaBox[0 0 612 792]/Parent 9 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/StructParents 0/Tabs/S/Type/Page>> <>2]/P 6 0 R/Pg 36 0 R/S/Link>> <>

A Massachusetts law required an unmarried minor woman to get consent from both her parents before procuring an abortion.

��!a�_�}���R, Where for Art Thou Danforth: Bellotti v. Baird. Your Study Buddy will automatically renew until cancelled. An abortion clinic director, Baird, brought a claim in conjunction with a doctor who performed abortions and other medical professionals against the state attorney general, Bellotti.

David C. Boatwright <>16]/P 20 0 R/Pg 36 0 R/S/Link>> endobj

<>stream You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time.

Mnookin, Robert H., and D. Kelly Weisberg, eds. As Robert H. Mnookin and D. Kelly Weisberg have suggested, Justice Powell's plurality opinion sets forth guidelines to assist states in determining the extent to which a state can permissibly limit a minor's right to an abortion. Title U.S. Reports: Bellotti v. Baird, 443 U.S. 622 (1979).

2 0 obj <>29]/P 23 0 R/Pg 36 0 R/S/Link>> If either or both of her parents withheld consent, the young woman could obtain a judicial order to permit her to have an abortion. Veerman, Philip E. 1992.

Fundamental Fights Under Due Process And Equal Protection, 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. If unable to do so, a superior court judge may issue a consent order. x��X[o�6}ׯ��4金�X��[��Zc{H��XL�U�+I�a�� v,���n�g�vS���F�_����E��t_��7o���ID�&� �"�B�B��H3L�)�0��F(�~���76��"�}s�w�N��y^~s>���"ҝ~ 4a��x�ʄ ���S��Y4{OU����(�8B�?�'m���,��zm7�5�5M��Y^Zt�ޡ϶��H���[ns{�����-�'�y ^�Fx�C�Ayi �-#�� 2��e�����cT��T�ne���BL�eS���7 =��AaO <>

endobj endobj Justice John Paul Stevens (J. Stevens) concurs with the majority opinion, but writes separately to voice concern that there are not concrete guidelines for the judges standing over a request for consent for an abortion. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. 1 0 obj endobj Instead, the Supreme Court vacated the judgment of the District Court and remanded the case for a final determination of the statute's meaning by the Supreme Judicial Court of Massachusetts. %PDF-1.7 %���� A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email In Bellotti v. Baird,2 the United States Supreme Court reaffirmed a prior deci- sion that a minor has the right to seek an abortion and may do so New York: W. H. Freeman and Company. Over the years, some of these questions have been settled by the US Supreme Court, and in one of them, they took on the question of the age of the mother in Bellotti v. Baird (1976). application/pdf endobj May a State condition a minor woman’s right to an abortion on parental consent? of Health, Harper v. Virginia State Board of Elections. 27 0 obj Although the Court recognized that parental advice and consent could be important in helping a minor decide whether she should obtain an abortion, in an 8-1 decision, the Court invalidated the Massachusetts statute.

Please check your email and confirm your registration. Ramsey, Sarah H., and Douglas E. Abrams. A Massachusetts law required an unmarried minor woman to get consent from both her parents before procuring an abortion.

Justice Lewis Powell (J. Powell) argued that the rights of a woman to have an abortion must be balanced with the ability of parents to make decisions for their minor offspring. "The Supreme Court and a Minor's Abortion Decision." Alleging that the law created an undue burden for minors seeking abortions, opponents of the law brought a "test-case" class-action suit in the Federal District Court of Massachusetts to enjoin the operation of the statute.

Because the statute balances parental interest in raising their children with the unique situation of a pregnant minor seeking an abortion, the statute is constitutional. 13 0 obj This legal action reached the U.S. Supreme Court in 1976, but the Court declined to consider the merits of the case because of a procedural error. Court of Appeals ruling affirmed. 15 0 obj Boston: Martinus Nijhoff Publishers. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. 34 0 obj 2001. If unable to do so, a superior court judge may issue a consent order. Child, Family and State: Problems and Materials on Children and the Law, 3rd ed. 2020-09-16T08:29:41-07:00 endobj Both mature and immature minors must have the opportunity, through an alternative judicial or administrative procedure which must be … endobj 29 0 obj

<>3]/P 6 0 R/Pg 36 0 R/S/Link>> Indianapolis, IN: Hackett Publishing Company. 36 0 obj

address. uuid:4513117d-af5d-11b2-0a00-901289010000 The Court stated that persons under age eighteen are not without constitutional protection; however, their constitutional rights and individual liberty must be balanced against considerations such as a minor's possible inability to make an informed decision and the important parental role of child rearing. Subsequently, this Court vacated the District Court's judgment, Bellotti v. Baird, 428 U.S. 132, holding that the District Court should have abstained and certified to the Massachusetts Supreme Judicial Court appropriate questions concerning the meaning of the statute. In Bellotti v. Baird (Bellotti II), the Supreme Court addressed the issue of whether a dependent, unmarried minor can be required to obtain parental consent before undergoing an abortion. 3 0 obj

Discussion. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). 14 0 obj <>0]/P 12 0 R/Pg 36 0 R/S/Link>> On 2 July 1979, the United States Supreme Court decided Bellotti v. Baird, ruling that a Massachusetts law that prohibited minors from obtaining abortions without parental consent was unconstitutional. This procedure must satisfy four requirements: first, the minor must be permitted to demonstrate to the judge that she is mature and adequately well-informed to make the abortion decision with her physician and without parental consent; second, if she cannot demonstrate the requisite maturity, she must be permitted to convince the judge that the abortion would nonetheless be in her best interest; third, the bypass procedure must assure her anonymity, and; fourth, the bypass procedure must be sufficiently expedient to allow her to obtain the abortion.

You have successfully signed up to receive the Casebriefs newsletter. According to the decision in Bellotti v. Baird, a state can require a minor to obtain consent to undergo an abortion, but it cannot solely require parental consent. endobj The main point of Bellotti is the balancing of the interests of the minor woman in terminating the pregnancy and the parents in having the ability to raise their offspring. endobj

Casebriefs is concerned with your security, please complete the following, The Structure Of The Constitution's Protection Of Civil Rights And Civil Liberties, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, Cruzan v. Director, Missouri Dept. <>1]/P 6 0 R/Pg 36 0 R/S/Link>> Davis, Samuel M., and Mortimer D. Schwartz.

Contributor Names Powell, Lewis F., Jr. (Judge) Supreme Court of the United States (Author) Unlock your Study Buddy for the 14 day, no risk, unlimited trial. endobj <>12]/P 20 0 R/Pg 36 0 R/S/Link>> 1993.

Held. A minor’s right to an abortion may be conditioned on parental consent, as long as there is an alternative procedure provided by the State. endobj Dembitz, Nanette. Synopsis of Rule of Law.

<> videos, thousands of real exam questions, and much more.

Brief Fact Summary. Bellotti v. Baird. Children's Rights and the Law. Thank you and the best of luck to you on your LSAT exam. Yes. 2d 797, 1979 U.S. Brief Fact Summary.

<>8]/P 19 0 R/Pg 36 0 R/S/Link>> Boston: Little, Brown and Company. endobj Prince 12.5 (www.princexml.com) Where for Art Thou Danforth: Bellotti v. Baird The case again reached the U.S. Supreme Court in 1979, at which time the Court fully addressed the issue of whether the law's parental consent requirement placed an undue burden on an unmarried, pregnant minor seeking an abortion. endobj That law prohibited minors from receiving abortions without permission from both of their parents or a superior court judge. In the statute at bar, the State provides a “safety valve” of allowing a judicial determination instead of parental consent. 24 0 obj 1980. Appligent AppendPDF Pro 6.3 PIP: The Supreme Courts's 1979 ruling in Bellotti vs. Baird held that mature minors have a right to make their own decisions about abortion. 1987. AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4 Columbia Law Review 80: 1251. endstream They argued that the law violated due process and equal protection, and the lower court agreed. uuid:4513117e-af5d-11b2-0a00-a036caa1fd7f Lexington, MA: D.C. Heath and Company. The Rights of the Child and the Changing Image of Childhood. Beverly Hills, CA: Excellent Books. 6 0 obj Citation443 U.S. 622, 99 S. Ct. 3035, 61 L. Ed. According to the decision in Bellotti v. Baird,a state can require a minor to obtain consent to undergo an abortion, but it cannot solely require parental consent. The Court elaborated on its parental consent decision of 1976. �����vg�x�H|-��F!޶�T��0u�(,2a�������I�Z� t��K Shapiro, Ian, ed. <>14]/P 20 0 R/Pg 36 0 R/S/Link>> endobj