District Attorneys Argue Court Should Lift Order Blocking Nevada Law Requiring Parental Notice Law for Minors Seeking Abortion

On Tuesday, attorney James Bopp, Jr., of The Bopp Law Firm, PC, argued in Nevada's federal court that the court should lift its order barring enforcement of Nevada's requirement that parents be notified when their minor children seek an abortion. The request was made in a motion by Jason D. Woodbury, Carson City District Attorney, and Stephen B. Rye, Lyon County District Attorney. The case is Glick v. Ford.

The order blocking the parental-notice law, issued in 1985, was based on the abortion “right” announced in Roe v. Wade. However, following the Supreme Court's 2022 Dobbs decision that overruled Roe, no basis remains to block the law. Therefore, the order blocking it should be lifted.

Nor should the parental-notice law be controversial. While it generally provides that a custodial parent or guardian must be notified before a physician performs an abortion on a minor, it contains numerous common-sense exceptions. Specifically, parental notice is not required if the physician believes an abortion is immediately necessary for reasons of life or health. Nor is it required if the minor is married or emancipated. Furthermore, courts may grant a waiver of the parental notice requirement if the minor proves (a) “she is mature enough to make an intelligent and informed decision”; (b) she is “financially independent or emancipated,” or (c) the notice “would be detrimental to her best interests.”

Attorney Bopp says: “The court order blocking the parental notification law is, at this very moment, baseless under controlling precedent of the Supreme Court. That means it is unconstitutional. Parental notification is vital to protecting minors who have been preyed upon by predators who have anything but their best interests in mind, and vital to protecting the parents of those minors.”

The court has ordered additional briefing that will be submitted in the coming weeks before the court makes its decision.

The motion to vacate the injunction is available here.