11th Circuit Agrees to Rehear Alabama Parental Consent Law

In June of 2021, a three-judge panel from the 11th Circuit Court of Appeals ruled that an Alabama parental consent law was unconstitutional. On January 27, 2022, 10 out of the 11 judges from the full court of appeals agreed to hear the case en banc, meaning that all of the judges will vote on the court's decision.

The legislation being challenged is an amendment to Alabama's Parental Consent Act. The law required a minor to receive written permission from her parents to receive an abortion, but it allowed the minor to bypass that requirement if she received permission from a judge. In 2014, the law was amended so that a minor would request a judge's permission before an open court.

The requirement that minors request permission for a judicial bypass before an open court, rather than in a private setting, was deemed by the three-judge panel in 2021 as unconstitutional. They ruled that the amendment "created an undue burden" for minors seeking abortions.

The court did not set a date for oral arguments in its announcement.

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