GUSTE, ATTORNEY GENERAL OF LOUISIANA, ET AL. v. JACKSON ET AL.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF LOUISIANA
Decided January 17, 1977
The District Court's injunction against enforcement of the Louisiana abortion statute is vacated insofar as it bars enforcement of the "informed consent" requirements, and the case is remanded to that court to consider the construction of such requirements, their validity in light of Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 65 -67, and their severability from the remainder of the statute.
Vacated and remanded.
A Louisiana statute * forbids performance of an abortion on a minor without her parents' consent, or her husband's consent if she is married. The United States District Court for the Eastern District of Louisiana enjoined enforcement of the statute. Its decision discusses only these special requirements for abortions on minors, but the injunction appears [429 U.S. 399, 400] to extend to the entire statute, and thus includes "informed consent" requirements applicable to all women. We vacate the injunction insofar as it bars enforcement of the "informed consent" requirements, and remand to the District Court so that it may consider the construction of those requirements, their validity in light of this Court's intervening decision in Planned Parenthood of Missouri v. Danforth, 428 U.S. 52, 65 -67 (1976), and their severability from the remainder of the statute.
[ Footnote * ] Louisiana Rev. Stat. Ann. 40:1299.33 (D) (Supp. 1976) reads as follows: