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AYOTTE v. PLANNED PARENTHOOD OF NORTHERN NEW ENG.

No. 04-1144.

546 U.S. 320 (2006)

AYOTTE, ATTORNEY GENERAL OF NEW HAMPSHIRE v. PLANNED PARENTHOOD OF NORTHERN NEW ENGLAND ET AL.

Supreme Court of United States.

Decided January 18, 2006.

Attorney(s) appearing for the Case

Kelly A. Ayotte, Attorney General of New Hampshire, petitioner, argued the cause pro se. With her on the briefs were Michael A. Delaney, Deputy Attorney General, Daniel J. Mullen, Associate Attorney General, and Laura E. B. Lombardi and Anthony I. Blenkinsop, Assistant Attorneys General.

Solicitor General Clement argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Assistant Attorney General Keisler, Kannon K. Shanmugam, and Marleigh D. Dover.

Jennifer Dalven argued the cause for respondents. With her on the briefs were Steven R. Shapiro, Louise Melling, Talcott Camp, Corinne Schiff, Brigitte Amiri, Diana Kasdan, Lawrence A. Vogelman, and Dara Klassel.*

JUSTICE O'CONNOR delivered the opinion of the Court.

We do not revisit our abortion precedents today, but rather address a question of remedy: If enforcing a statute that regulates access to abortion would be unconstitutional in medical emergencies, what is the appropriate judicial response? We hold that invalidating the statute entirely is not always necessary or justified, for lower courts may be able to render narrower...

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