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Hodgson v. Minnesota

The Lower Courts Rule

In 1986, the U.S. District Court for the District of Minnesota issued its first decision in the case. It struck down as unconstitutional two of the three key parts of the law: the parental notification requirement and the 48-hour waiting period. Although it did hold that the judicial bypass provision of the law complied with the Constitution, the district court enjoined the state of Minnesota from enforcing the law in its entirety. The state then took its case to the U.S. court of appeals. The court of appeals agreed with the district court that parental notification without the possibility of judicial bypass violated the U.S. Constitution. However, it held that both the 48-hour waiting period and the notification requirement with judicial bypass provision passed constitutional muster. Accordingly, it reversed the district court decision. The original petitioners then appealed to the U.S. Supreme Court.

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Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1989 to 1994Hodgson v. Minnesota - Judicial Background, The Case At Hand, The Lower Courts Rule, The Supreme Court Affirms The Court Of Appeals Decision