A Missouri court clerk is asking the US Supreme Court to vacate an appeals court decision that rests on the premise that a minor has a “clearly established” right not to notify her parents before requesting a court hearing to determine if she can have an abortion.
A split US Court of Appeals for the Eighth Circuit held that Michelle Chapman must go to trial on Jane Doe’s claim that Chapman violated her civil rights by insisting that the then-teenager’s parents be told before accepting her request for a judicial bypass procedure that would allow Doe to have an abortion without their permission.
Chapman didn’t have qualified immunity from suit because the right to judicial bypass without parental notification is clearly established under the US Constitution’s 14th Amendment, the Eighth Circuit said. But the reasoning behind that decision has been undermined, Chapman said in her petition for Supreme Court review.
“Doe’s claims rely on the proposition” that requiring parental notification of a judicial bypass proceeding must satisfy the undue burden test announced in Planned Parenthood of Southeastern Pennsylvania v. Casey, Chapman said.
The Supreme Court overruled Casey on June 24 in Dobbs v. Jackson Women’s Health Organization and held that there is no federal constitutional right to end a pregnancy before viability, Chapman said. The question now is...
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