Gillis told lawmakers she was one of two original judges who heard these cases, called judicial bypass
I have, and do, support some limits on abortion as contemplated by Roe and subsequent cases--parental consent for minors seeking abortion with a judicial bypass
in the event that a minor's home situation makes that practically impossible, a ban on certain late-term procedures so long as there is an exception for the life and health of the mother, a ban on federal funding of abortions.
In a complicated and divided outcome, the Court upheld the law as long as there is a judicial bypass
option (Scalia would have upheld the law regardless).
If she got a judicial bypass
, the report to the state would include whether the doctor or another advocate helped her through the process, and how.
My example is the judicial bypass
process, the regime set up to accommodate the constitutional stand-off between parents and pregnant teens who do not want to involve their parents in their abortion decision even when the law says they must.
All states with parental involvement laws also have a so-called judicial bypass
, allowing a minor to obtain an abortion with a court's approval; however, because the process can take as long as several weeks, access to medical treatment can be delayed, upping the risk of complications from later-term abortions.
The notion that the law should mete out punishment onto sexually irresponsible women, such as by denying access to abortion or removing their children, has a long history." The impact of the law's punishment falls most harshly on adolescents from poor and struggling families, as these youth have the fewest resources to obtain either judicial bypass
for an abortion or support for making parenting decisions.
Soon, though, the so-called ''judicial bypass
'' may become less accommodating.
Women younger than 18 must have parental consent or a judicial bypass
, which asks young women who are not able to talk to their parents about needing an abortion to talk to a court instead, often without legal representation.
Abortion foes have pushed for new restrictions because they believe the process, which is known as judicial bypass
, is simply a loophole girls use to avoid talking to their parents.
Finally, a transgender adolescent may argue that the judicial bypass
provision established in the abortion context, is applicable to adolescents seeking other types of health care, including gender reassignment treatment.
Justice Kennedy, writing for four justices, indicated that a two-parent notification requirement would be upheld with or without judicial bypass
on the ground that parental notification is distinguishable from and less burdensome than a parental-consent requirement.