State chides court for abortion ruling
ENDING PARENTAL CONSENT: More expert testimony needed, petition says.
Published: November 14, 2007
Last Modified: November 14, 2007 at 02:43 AM
As promised, the state has formally asked the Alaska Supreme Court to reconsider its 3-2 ruling against a 1997 law requiring parental consent before a girl under 17 can get a legal abortion.
In a petition filed Tuesday, attorney Kevin Clarkson said the decision written by Chief Justice Dana Fabe assumed a fact that had not been argued during the 10 years the law was under attack.
Fabe wrote that giving parents essentially a veto over a pregnant teenager's decision to get an abortion was too restrictive; but, she said, requiring parents be notified of the child's decision would meet the goals of the law's supporters and probably be constitutionally acceptable.
Fabe did not have enough information to reach this conclusion, Clarkson argues in the state's petition for reconsideration. To the extent this issue came up during years of court hearings, witnesses for those attacking the law said a notification requirement was unacceptably restrictive, while those supporting the law said it wasn't effective enough.
To make a decision on this question, the courts need to hear more expert testimony, Clarkson argued.
--------------------------------------snip-----------------------------------------
excerpted from:
http://www.adn.com/news/alaska/story/9452708p-9364222c.html:)