Hodgson v. Minnesota

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In Hodgson v. Minnesota, 497 U.S. 417 (1990), the U.S. Supreme Court struck down as unconstitutional a Minnesota law requiring that notice be given to both parents before an abortion is performed on a minor but, based on a plurality decision by Justice Kennedy, upheld a two-parent notification statute that included a judicial bypass provision.

Justice John Paul Stevens wrote the opinion for the 5-4 Court, joined by Justice Sandra Day O'Connor and the liberal wing of the Court. Justice Anthony Kennedy dissented along with the conservative wing of the Court. Justice Kennedy objected to how the Court majority interpreted an earlier abortion precedent, an approach he also took in his dissent in Stenberg v. Carhart, in which Justice Kennedy objected to how the Court interpreted Planned Parenthood v. Casey.

The Hodgson court upheld a judicial bypass provision that essentially operated as a rubber-stamp approval system, resulting in courts granting more than 99.5% of the abortion requests without notice to a parent.