User:Allissa Dawn/sandbox

Consent must be obtained from the parents for a minor to have a nonemergency abortion, unless no parents are available. The parent must know about the judicial proceedings. If the court decides the minor is mature and making an informed and capable decision, they can still deny the abortion based on its own decision or the parents.

Justice Lewis F. Powell Jr., joined by Ma. Chief Justice Warren E. Burger, Justice Potter Stewart, and Justice  William Rehnquist argued there are three reasons why children aren't like adults: the vulnerability of children, the lack of critical decision making, and reliance on parents guidance for their children upbringing.

if a state requires a pregnant minor to obtain consent of one or both parents, another alternative option must be available for the minor to receive the abortion. The by-pass procedure has four requirements: (1) the minor is permitted to demonstrate her maturity and informed decision making on having the abortion without parental consent, (2) if the minor does not show maturity, she has the ability to convince the judge that the abortion would be the best option for her. (3) she must remain anonymous, and (4) the process must be expedited to ensure the abortion is still possible.

Justice John P. Stevens, joined by Justice William J. Brennan Jr., Justice Thurgood Marshall, and Justice Harry Blackmun, concluded that the Massachusetts statute was unconstitutional because (1) it allows for the court to deny the abortion despite the courts decision on the minor's maturity. (2) consent was required in every case without giving the minor an option to an independent case to prove she was mature, leading to an 'absolute third-party veto'.