N.H. Must Reimburse Planned Parenthood For Legal Costs In Suit Over Abortion-Related Law, Federal Judge Rules

Main Category: Abortion
Also Included In: Sexual Health / STDs;  Litigation / Medical Malpractice
Article Date: 20 Aug 2008 - 7:00 PST

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U.S. District Court Judge Joseph DeClerico last week ruled that New Hampshire must reimburse Planned Parenthood of Northern New England for legal costs the group incurred when filing a lawsuit to block a 2003 state law (HB 763) that would have required health care providers to notify a parent or guardian at least 48 hours before performing an abortion on a minor, the Nashua Telegraph reports. According to the Telegraph, the law never took effect because of the lawsuit, but the case was rendered moot when Gov. John Lynch (D) signed a measure repealing the law that was approved by the state legislature (Wolfe, Nashua Telegraph, 8/16).

The law also barred parents from forbidding the procedure, and the notification requirement could have been bypassed by a judge if a doctor determined that the minor's life was in danger. PPNNE; the American Civil Liberties Union; the Concord Feminist Health Center; the Feminist Health Center of Portsmouth, N.H.; and Manchester, N.H.-based ob-gyn Wayne Goldner in November 2003 filed a lawsuit challenging the constitutionality of the law. DeClerico and the 1st U.S. Circuit Court of Appeals subsequently struck down the entire law. New Hampshire Attorney General Kelly Ayotte (R) appealed the rulings to the U.S. Supreme Court, saying that the judicial bypass clause in the measure combined with other state laws that allow doctors to act in an emergency protect minors' health. The Supreme Court in January 2006 unanimously ruled that the lower courts should not have invalidated the entire measure and ordered the lower courts to review the legislative intent regarding exceptions to the law for medical emergencies. The state Senate in June 2007 voted 15-9 to pass the House-approved repeal measure (HB 184), which was signed by Lynch in July 2007 (Daily Women's Health Policy Report, 7/2/07).

In his ruling last week, DeClerico said PPNNE effectively won the suit and deserved to be reimbursed a "reasonable award of legal fees and costs." He urged attorneys on both sides to reach a settlement agreement but said that PPNNE could file a claim with the court if an agreement is not reached by Oct. 1 (Nashua Telegraph, 8/16).

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