Lambert v. Wicklund, 520 U.S. 292, 5 (1997) (per curiam)

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520us1$41H 05-14-98 09:56:54 PAGES OPINPGT

296

LAMBERT v. WICKLUND

Per Curiam

lowed a court to waive the notification requirement if it determined by clear and convincing evidence "that notice is not in [the minor's] best interests" (not that an abortion is in her best interests). 497 U. S., at 508 (emphasis added) (citing § 2151.85(A)(4)). And we explicitly held that this provision satisfied the second Bellotti requirement, that "the procedure must allow the minor to show that, even if she cannot make the abortion decision by herself, 'the desired abortion would be in her best interests.' " 497 U. S., at 511 (quoting Bellotti, supra, at 644).

Despite the fact that Akron involved a parental notification statute, and Bellotti involved a parental consent statute; 3 despite the fact that Akron involved a statute virtually identical to the Nevada statute at issue in Glick; and despite the fact that Akron explicitly held that the statute met all of the Bellotti requirements, the Ninth Circuit in Glick struck down Nevada's parental notification statute as inconsistent with Bellotti:

"Rather than requiring the reviewing court to consider the minor's 'best interests' generally, the Nevada statute requires the consideration of "best interests" only with respect to the possible consequences of parental notification. The best interests of a minor female in obtaining an abortion may encompass far more than her interests in not notifying a parent of the abortion decision. Furthermore, in Bellotti, the court expressly stated, '[i]f, all things considered, the court determines that an abortion is in the minor's best interests, she is entitled to court authorization without any parental involvement.' Bellotti, 443 U. S. at 648 (emphasis added). Therefore, the Nevada statute impermissibly narrows

3 See Bellotti, 443 U. S., at 654, n. 1 (Stevens, J., concurring in judgment) ("[T]his case [does not] determin[e] the constitutionality of a statute which does no more than require notice to the parents, without affording them or any other third party an absolute veto").

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