9/11/2023 0 Comments What is judicial consentAfter Doe had returned a second time to seek court approval, the clerk claimed that she would need to notify Doe’s parents prior to setting a court hearing. First, the court clerk claimed ignorance of the judicial bypass procedure. Doe went to the courthouse seeking assistance three times, and each time departed without being afforded the chance to appear before a judge because she refused to allow the clerk to notify her parents. In this case, a young woman identified as Jane Doe sought to petition the court for majority rights to make an abortion decision-a procedure referred to as a judicial bypass-the court clerk refused to allow her to file the request without notifying her parents. Missouri’s law provides that that as an alternative to obtaining parental consent, a judge can give majority rights for the purpose of consenting to the abortion if the minor is “mature.” The federal appellate court upheld a lower court’s denial of immunity to a state court clerk who refused a 17-year-old access to a judge who could allow her to make an abortion decision without the consent or knowledge of her parents. LOUIS – The United States Court of Appeals for the Eighth Circuit affirmed that a mature minor has the constitutional right to an abortion in the state of Missouri without parental involvement.
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