ANCHORAGE, November 19, 2001 (LSN.ca) – The Alaska Supreme Court has rejected a Superior Court judge’s ruling, which rejected outright a 1997 state law requiring parental consent for abortions. While the justices did not rule in favour of permitting the state law to take effect, they determined, in a 3-2 ruling, that the case deserves to be heard again.
The Supreme Court found that Superior Court Justice Sen Tan was wrong to issue a summary judgment in the case without even hearing evidence as to whether the state had compelling interest in requiring parental consent. Such judgments are to be reserved to cases in which the judge is persuaded that the issue is so clear a trial isn’t necessary.
For more see the Anchorage Daily News coverage at: https://www.adn.com/alaska/story/736003p-783917c.html