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 Preshow #1 AbortionReturn to index of stories... |
What's next for NH's abortion law now that the Supreme Court has sent it back to a lower court? We'll hear several perspectives -- NOW on NH Outlook. |
| Hello/Intro Abortion Return to index of stories... |
Hello. I'm Beth Carroll. Welcome to New Hampshire Outlook. Groups on both sides of NH's parental notification law have had nearly a week to get a handle on the U-S Supreme Court's decision in the matter. Last Wednesday, Justices unanimously ruled that the lower court was wrong to strike down the law in its entirety. They sent it back to the appeals court to consider the constitutionality of particular parts of the law. We'll hear some different perspectives on that decision in a moment. But first, Outlook's Richard Ager takes a look back at the passing of the law and the court battle. |
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Retiring Justice Sandra Day O'Connor has been a key swing voter on abortion rights and this decision may have been the last opinion of her career. Bush Nominee Samuel Alito is expected to be more receptive to abortion restrictions than Sandra Day O'Connor. On Tuesday, the Senate Judiciary Committee voted in favor of his nomination. It now goes to the full Senate for a vote. |
| Intro Abortion Conv Return to index of stories... |
In the NH Case, the Supreme Court steered clear of a major ruling on Abortion --giving the state instead, a chance to save its parental notification Law. Here to talk about that decision and where things go from here: Attorney General Kelly Ayotte joining us from the State House in Concord. Here in Durham: Phyllis Woods a former state lawmaker from Dover who sponsored the original legislation; Claire Ebel, the Executive Director of the NH Civil Liberties Union and Albert "Buzz" Scherr a law professor at the Franklin Pierce Law Center. Welcome. Q BUZZ: How is it BOTH Sides are claiming VICTORY in this case? A-G AYOTTE: You argued for NH's parental notification Law to stand AS-IS before the Court. Are you Disappointed the Court -- didn't see it that way? ** What is the court saying: SAVE the statute, tailor your REMEDY to the constitutional flaw. Q BUZZ: Does this Ruling make it clear that state's need to have some kind of HEALTH exception.if they are to go down the Parential Notification route Q CLAIRE EBEL: The Deputy Director of the ACLU represented the plaintiffs before the Court on this case. Why was this case so important to Civil Libertarians. ** A lot of states have attempted to PASS these kind of parental notification laws - how did NH'S end up before the court??? Q PHYLLIS WOODS: NH's law makes it a CRIME for a doctor to peform an abortion on a minor unless there's written proof a parent has been notified -- or the doctor certifies the girl would die without an abortion. It did NOT include a HEALTH exception. WHY didn't lawmakers put one in??? What was their intent? Q KELLY AYOTTE: It seems legislative INTENT on a health exception -- is the HEART of the next step in the case? HOW does one ascertain legislative intent?? Will your office be arguing the case again in Circuit Court? Q BUZZ: What PRECEDENT does this case SET? ** will courts be less likely to block ENTIRE abortion laws in the future. Q CLAIRE: The law is going BACK to the same court that ruled it Unconstitutonal. Some Civil rights groups have predicted the appeals court would AGAIN strike it down. What are your thoughts? ** If lower court produces something your organization or Planned Parent hood OJBECTS TO -- what then? Q KELLY: Is this case more about State's RIGHTS --as opposed to Abortion? Q BUZZ: We keep hearing the court SIDESTEPPED the issue ? ** How unusual is it to get UNANIMOUS ruling on anything from the Court? Q PHYLLIS WOOD: The law is now back in the courts. If they were to insert language in the law -- Would you have an ISSUE with that. Q CLAIRE: Should the court be in the business of crafting legislation??? Q KELLY: What Happens if the Lower court again decides to STRIKE down the law? What would the STATE DO??? ** Under what conditions could this go BACK to the Legislature???? Q PHYLLIS: What would happen if this were to be thrown back into the Legislature to REMEDY. We have a different Legisalture, a different Governor -- who opposed the law unlike his predecessor. Q BUZZ: Under what Circumstances could you foresee this going back to the SUPREME COURT? Q BUZZ: How significant was it that it was Sandra Day O'Connor wrote this unanimous opinion??? ** Q KELLY: Do we have a TIMELINE as to when this case will go before the Appeals Court? ================ The case -- the issue -- FAR from settled. We'll continue to follow developments. My thanks to Kelly Ayotte, Buzz Scherr, Claire Ebel, and Phyllis Woods -- for helping us understand the complexitites of the issue.. Q BUZZ/KELLY: Explain the " Standard of Review " argument -- and why was it NOT dealt with by Court -- In this case? |
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Finally, just a reminder New Hampshire Outlook is available online on-demand at nhptv.org/outlook You can find streaming video of ALL of our broadcasts. |
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That concludes this edition of New Hampshire Outlook. Thanks for watching. I'm Beth Carroll. I'll see you next time. |
| abortion timeline Return to index of stories... |
Here is the TIMELINE I talked about -- may be worth a graphic in tomorrow's show. Beth AP-NH--Parental Notification-Timeline Developments in New Hampshire's parental notification law March 2003 - Lawmakers try for the third time in as many years to require girls younger than 18 to tell their parents or a judge before having an abortion. The House voted 187-181 to pass a parental notification bill. May 2003 - Gov. Craig Benson, father of two teenage girls, speaks in favor of the legislation, saying that responsible parents must be included in one of the most important decisions their daughters might face: whether to get an abortion. The Senate passes the bill 12-11, with some changes. The House votes to accept the changes, 197-176. June 2003 - Benson signs the bill into law, which requires abortion providers to notify at least one parent at least 48 hours before performing an abortion on a minor. It's the first law regulating abortions in New Hampshire since the Legislature - under Benson's predecessor, Democratic Gov. Jeanne Shaheen - repealed three criminal abortion statutes dating to 1848. "We are giving parents their rights back," Benson said. The law was to take effect on Dec. 31. November 2003 - Planned Parenthood of Northern New England and others file a federal lawsuit, saying that the law is unconstitutional because it lacks an exception to protect a woman's health. December 2003 - Two days before the law goes into effect, a federal judge declares it unconstitutional, saying it lacks the health exception. November 2004 - The 1st U.S. Circuit Court of Appeals in Boston agrees that the law is unconstitutional. May 2005 - The U.S. Supreme Court agrees to hear a state appeal seeking to reinstate the law. New Hampshire officials argued that the abortion law need not have an "explicit health exception" because other state provisions call for exceptions when the mother's health is at risk. They also asked justices to clarify whether laws restricting abortion can be thrown out before someone is harmed and broad the harm must be to trigger a constitutional challenge. November 2005 - Attorney General Kelly Ayotte argues case before the U.S. Supreme Court, along with lawyers for the Bush administration and Planned Parenthood. Jan. 18 - The U.S. Supreme Court rules unanimously that the lower court was wrong to strike down the law in its entirety and returns the case to federal appeals court to consider the constitutionality of particular parts of the law. |
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AP-NH--Scotus-Abortion Reax, TOPS N.H. reactions to Supreme Court's ruling on abortion law CONCORD, N.H. - Groups on both sides of the fight over New Hampshire's parental notification law see partial victories in today's Supreme Court's decision. Rather than ruling directly on the law, Justices unanimously agreed to ask a lower court to reconsider whether the entire law is unconstitutional. The 2003 law requires underage daughter to inform their parents that she is going to get an abortion, making no exceptions for health emergencies. Phyllis Woods, a former Dover legislator, and sponsor of the law, says she's glad the justices upheld the premise that parents have the right and the authority to be involved in abortion decisions. Pro-choice group Planned Parenthood wishes the court had struck down the law, but is gratified by the court's agreement that the law makes it difficult for some young women to get an abortion. Governor John Lynch, who is pro-choice, says he's pleased by the court's message that the health and safety of young women must be protected. AP-NY-01-18-06 1305EST AP-NH--Scotus-Abortion Reax, TOPS N.H. reactions to Supreme Court's ruling on abortion law klmbywfn XX UPDATES with pro-choice reax XX CONCORD, N.H. - A former lawmaker who sponsored New Hampshire's parental notification law says she relieved by the Supreme Court's decision today send the law back to a lower court. Former Dover legislator Phyllis Woods called the ruling a victory for the day. New Hampshire's parental notification requires a minor girl to inform her parents 48 hours before she gets an abortion. The law makes no exception to protect the minor's health. In a rare unanimous decision, justices agreed that the New Hampshire law could make it too hard for some ill minors to get an abortion, but at the same time they were hesitant about stepping in to fix the statute. Woods says she's glad the justices upheld the general premise that parents have the right and the authority to be involved in abortion decisions. Pro-choice advocates also are calling the ruling a victory. Liza Dube, political director of NARAL Pro-choice of New Hampshire, says the justices' ruling reaffirms what pro-choice groups have said all along, that a minor's health and safety needs to be protected and is of primary importance when any kind of abortion legislation is crafted. AP-NY-01-18-06 1224EST CONCORD, N.H. - Groups on both sides of the fight over New Hampshire's parental notification law see partial victories in today's Supreme Court's decision. Rather than ruling directly on the law, Justices unanimously agreed to ask a lower court to reconsider whether the entire law is unconstitutional. The 2003 law requires underage daughter to inform their parents that she is going to get an abortion, making no exceptions for health emergencies. Phyllis Woods, a former Dover legislator, and sponsor of the law, says she's glad the justices upheld the premise that parents have the right and the authority to be involved in abortion decisions. Pro-choice group Planned Parenthood wishes the court had struck down the law, but is gratified by the court's agreement that the law makes it difficult for some young women to get an abortion. Governor John Lynch, who is pro-choice, says he's pleased by the court's message that the health and safety of young women must be protected. Supreme Court dodges major abortion ruling WASHINGTON - The U-S Supreme Court says a lower court was wrong in striking down a New Hampshire abortion law. But the high court has avoided a major ruling by calling for an appeals court to reconsider the law, which calls for a parent to be told before a daughter under the age of 18 ends her pregnancy. The Supreme Court was unanimous in ruling that the lower court went too far by permanently blocking the law. The law makes no exception to protect the minor's health. Retiring Justice Sandra Day O'Connor has been a key swing voter on abortion rights, and wrote what may be the last opinion of her career. =========== AP-NH--Parental Notification-Timeline Developments in New Hampshire's parental notification law March 2003 - Lawmakers try for the third time in as many years to require girls younger than 18 to tell their parents or a judge before having an abortion. The House voted 187-181 to pass a parental notification bill. May 2003 - Gov. Craig Benson, father of two teenage girls, speaks in favor of the legislation, saying that responsible parents must be included in one of the most important decisions their daughters might face: whether to get an abortion. The Senate passes the bill 12-11, with some changes. The House votes to accept the changes, 197-176. June 2003 - Benson signs the bill into law, which requires abortion providers to notify at least one parent at least 48 hours before performing an abortion on a minor. It's the first law regulating abortions in New Hampshire since the Legislature - under Benson's predecessor, Democratic Gov. Jeanne Shaheen - repealed three criminal abortion statutes dating to 1848. "We are giving parents their rights back," Benson said. The law was to take effect on Dec. 31. November 2003 - Planned Parenthood of Northern New England and others file a federal lawsuit, saying that the law is unconstitutional because it lacks an exception to protect a woman's health. December 2003 - Two days before the law goes into effect, a federal judge declares it unconstitutional, saying it lacks the health exception. November 2004 - The 1st U.S. Circuit Court of Appeals in Boston agrees that the law is unconstitutional. May 2005 - The U.S. Supreme Court agrees to hear a state appeal seeking to reinstate the law. New Hampshire officials argued that the abortion law need not have an "explicit health exception" because other state provisions call for exceptions when the mother's health is at risk. They also asked justices to clarify whether laws restricting abortion can be thrown out before someone is harmed and broad the harm must be to trigger a constitutional challenge. November 2005 - Attorney General Kelly Ayotte argues case before the U.S. Supreme Court, along with lawyers for the Bush administration and Planned Parenthood. Jan. 18 - The U.S. Supreme Court rules unanimously that the lower court was wrong to strike down the law in its entirety and returns the case to federal appeals court to consider the constitutionality of particular parts of the law. ==================== |
| key: State Politics / Government Return to index of stories... |
NEW HAMPSHIRE OUTLOOK Air Date/Time: 1/24/06 HOST: Beth Carroll Length: 6:35 minutes What's next for NH's abortion law now that the Supreme Court has sent it back to a lower court? We'll hear several perspectives now on NH Outlook. Hello. I'm Beth Carroll. Welcome to New Hampshire Outlook. Groups on both sides of NH's parental notification law have had nearly a week to get a handle on the US Supreme Court's decision in the matter. Last Wednesday, Justices unanimously ruled that the lower court was wrong to strike down the law in its entirety. They sent it back to the appeals court to consider the constitutionality of particular parts of the law. We'll hear some different perspectives on that decision in a moment. But first, Outlook's Richard Ager takes a look back at the passing of the law and the court battle. PRODUCER/REPORTER: Richard Ager NAME OF PARTICIPANTS: Gail McCarthy\Goffstown\May 2003, Rep. J. Edward Kerns\ Bedford\May 2003, Gov. Craig Benson\ New Hampshire\2003, Jennifer Frizzell\Planned Parenthood of Northern N.E.\November 2003, Jennifer Dalvin\ACLU Reproductive Freedom Project\November 2003, Amanda\NH Resident, David Souter\Supreme Court Justice\Voice of, Tom Goldstein\Supreme Court Legal Analyst |
| key: Health / Health Care Return to index of stories... |
NEW HAMPSHIRE OUTLOOK Air Date/Time: 1/24/06 HOST: Beth Carroll Length: 6:35 minutes What's next for NH's abortion law now that the Supreme Court has sent it back to a lower court? We'll hear several perspectives now on NH Outlook. Hello. I'm Beth Carroll. Welcome to New Hampshire Outlook. Groups on both sides of NH's parental notification law have had nearly a week to get a handle on the US Supreme Court's decision in the matter. Last Wednesday, Justices unanimously ruled that the lower court was wrong to strike down the law in its entirety. They sent it back to the appeals court to consider the constitutionality of particular parts of the law. We'll hear some different perspectives on that decision in a moment. But first, Outlook's Richard Ager takes a look back at the passing of the law and the court battle. PRODUCER/REPORTER: Richard Ager NAME OF PARTICIPANTS: Gail McCarthy\Goffstown\May 2003, Rep. J. Edward Kerns\ Bedford\May 2003, Gov. Craig Benson\ New Hampshire\2003, Jennifer Frizzell\Planned Parenthood of Northern N.E.\November 2003, Jennifer Dalvin\ACLU Reproductive Freedom Project\November 2003, Amanda\NH Resident, David Souter\Supreme Court Justice\Voice of, Tom Goldstein\Supreme Court Legal Analyst |
| key: State Politics / Government Return to index of stories... |
NEW HAMPSHIRE OUTLOOK Air Date/Time: 1/24/06 HOST: Beth Carroll Length: 23:10 minutes What's next for NH's abortion law now that the Supreme Court has sent it back to a lower court? We'll hear several perspectives now on NH Outlook. In the NH Case, the Supreme Court steered clear of a major ruling on Abortion --giving the state instead, a chance to save its parental notification Law. Here to talk about that decision and where things go from here: Attorney General Kelly Ayotte joining us from the State House in Concord. Here in Durham: Phyllis Woods a former state lawmaker from Dover who sponsored the original legislation; Claire Ebel, the Executive Director of the NH Civil Liberties Union and Albert "Buzz" Scherr a law professor at the Franklin Pierce Law Center. Welcome. PRODUCER/REPORTER: Beth Carroll NAME OF PARTICIPANTS: Kelly Ayotte\Attorney General, Claire Ebel\Exec. Dir., NH Civil Liberties Union, Phyllis Woods\Former State Lawmaker, Albert "Buzz" Scherr\Professor, Franklin Pierce Law Center |
| key: Health / Health Care Return to index of stories... |
NEW HAMPSHIRE OUTLOOK Air Date/Time: 1/24/06 HOST: Beth Carroll Length: 23:10 minutes What's next for NH's abortion law now that the Supreme Court has sent it back to a lower court? We'll hear several perspectives now on NH Outlook. In the NH Case, the Supreme Court steered clear of a major ruling on Abortion --giving the state instead, a chance to save its parental notification Law. Here to talk about that decision and where things go from here: Attorney General Kelly Ayotte joining us from the State House in Concord. Here in Durham: Phyllis Woods a former state lawmaker from Dover who sponsored the original legislation; Claire Ebel, the Executive Director of the NH Civil Liberties Union and Albert "Buzz" Scherr a law professor at the Franklin Pierce Law Center. Welcome. PRODUCER/REPORTER: Beth Carroll NAME OF PARTICIPANTS: Kelly Ayotte\Attorney General, Claire Ebel\Exec. Dir., NH Civil Liberties Union, Phyllis Woods\Former State Lawmaker, Albert "Buzz" Scherr\Professor, Franklin Pierce Law Center |
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