Lambert v. Wicklund, 520 U.S. 292, 7 (1997) (per curiam)

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

298

LAMBERT v. WICKLUND

Per Curiam

terests, as the context of the opinion, the statutory language, and the concurring opinion all make clear.4

Respondents, echoing the Ninth Circuit in Glick, claim that there is a constitutionally significant distinction between requiring a minor to show that parental notification is not in her best interests, and requiring a minor to show that an abortion (without such notification) is in her best interests. See Brief in Opposition 12-13; 937 F. 2d, at 438-439. But the Montana statute draws no such distinction, and respondents cite no Montana state-court decision suggesting that the statute permits a court to separate the question whether parental notification is not in a minor's best interest from an inquiry into whether abortion (without notification) is in the minor's best interest. As with the Ohio statute in Akron, the challenge to the Montana statute here is a facial one. Under these circumstances, the Ninth Circuit was incorrect to assume that Montana's statute "narrow[ed]" the Bellotti test, 937 F. 2d, at 439, as interpreted in Akron.

4 See 497 U. S., at 517 ("if she can demonstrate that her maturity or best interests favor abortion without notifying one of her parents"); id., at 522 (Stevens, J., concurring in part and concurring in judgment) ("Although it need not take the form of a judicial bypass, the State must provide an adequate mechanism for cases in which the minor is mature or notice would not be in her best interests" (emphasis added)); Ohio Rev. Code Ann. § 2151.85(C)(2) (1994) ("[I]f the court finds, by clear and convincing evidence, . . . that the notification of the parents, guardian, or custodian of the [minor] otherwise is not in the best interest of [the minor], the court shall issue an order authorizing the [minor] to consent to the performance or inducement of an abortion without the notification of her parents, guardian, or custodian"). See also Hodgson v. Minnesota, 497 U. S. 417, 497 (1990) (Kennedy, J., concurring in judgment in part and dissenting in part) (interpreting Minnesota judicial bypass procedure which requires minor to show that "an abortion . . . without notification of her parents, guardian, or conservator would be in her best interests," Minn. Stat. § 144.343(6) (1988) (emphasis added), as authorizing exemption from strictures of parental notification scheme in "those cases in which . . . notification of the minor's parents is not in the minor's best interests" (emphasis added)).

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