Reproductive Health Services v. Marshall

Alabama law prohibited an unemancipated minor from obtaining an abortion without her parent or guardian’s consent. A judicial-bypass exception permitted a minor to bypass the required consent through a court order. Alabama’s former bypass law allowed only the judge, the minor, and the minor’s attorney to participate in the hearing. The law was amended in 2014 to allow additional parties to participate, including the district attorney to represent the state’s interests, a guardian ad litem to represent the interests of the unborn child, and the minor’s parents or guardians. The amendments permitted any of these parties to compel witnesses to testify, including the minor, and to appeal the judge’s decision. While the law contained a confidentiality provision, the minor’s identity could be revealed to not only the judge, but also the guardian ad litem, the district attorney, court personnel, witnesses, or any other person authorized by the court. The law provided that any person with knowledge of the minor’s identity could be charged with a misdemeanor if he revealed it to others. Reproductive Health Services (plaintiff) sued Alabama Attorney General Steven Marshall (defendant), alleging that the amended law violated the Fourteenth Amendment Due Process Clause because it placed an undue burden on minors seeking an abortion.