When a portion of a statute is unconstitutional, courts should prefer narrower relief and must determine if the legislature would have preferred the remaining portions to no statute at all.
After a district court and a court of appeals invalidated a state parental notification statute in its entirety for lacking a sufficient health exception, the Supreme Court addressed whether such a broad remedy is appropriate. The Court holds that when a portion of a statute is unconstitutional, courts should prefer narrower declaratory and injunctive relief that targets only the unconstitutional applications. To determine the proper remedy, a court must consider legislative intent and ask whether the legislature would have preferred the remaining portions of the statute to no statute at all. The Court vacates the judgment and remands the case to determine the legislature's intent.
At page 329 Judicial remedies for constitutional statute challenges91 citing cases“a statute may be declared invalid to the extent that it reaches too far, but otherwise left intact.”
- Thorpe v. Tennessee Gen. Assembly, No. 3:23-cv-00993 (M.D. Tenn. Dec. 12, 2023).(It is axiomatic that a ‘statute may be invalid as applied to one state of facts and yet valid as applied to another.’)
- Nunley v. Rausch, No. 3:23-cv-00100 (M.D. Tenn. May 22, 2023).(It is axiomatic that a ‘statute may be invalid as applied to one state of facts and yet valid as applied to another.’)
- Buchanan v. Lee, 618 F. Supp. 3d 707 (M.D. Tenn. 2022).published(It is axiomatic that a ‘statute may be invalid as applied to one state of facts and yet valid as applied to another.’)
- Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019).published ([W]e restrain ourselves from ‘rewrit[ing] . . . law to conform it to constitutional requirements’ even as we strive to salvage it)
- Auspro Enter., LP v. Texas Dep't of Transp., No. 03-14-00375-CV (Tex. App.—Austin Aug. 26, 2016).published (We prefer . . . to sever its problematic portions while leaving the remainder intact.)
- Al-Adahi v. Bush, No. 2005-0280 (D.D.C. Feb. 10, 2009).published([W]e try not to nullify more of a legislature's work than is necessary . . . .)
- United States v. Shamar Betts, 99 F.4th 1048 (7th Cir. 2024).published United States v. Booker, 543 U.S. 220 , 258-59 (2005); see also Ayotte v. Planned Parenthood of N. New Eng., 546 U.S. 320 , 328– 29 (2006) (“[g]enerally speaking, when confronting a constitutional flaw in a statute, we try to limit the solu…
- Arthrex, Inc. v. Smith & Nephew, Inc., 953 F.3d 760 (Fed. Cir. 2020).published Congress “would have preferred a Board whose members are removable at will rather than no Board at all.” Arthrex, 941 F.3d at 1337-38; see Ayotte v. Planned Parenthood of N. New England, 546 U.S. 320 , 330 (2006) (“After finding an applica…
- State of Texas v. USA, 945 F.3d 355 (5th Cir. 2019).published Corp. v. Velazquez, 531 U.S. 533, 560 (2001) (Scalia, J., dissenting); see also Ayotte v. 84 Planned Parenthood of N. New Eng., 546 U.S. 320 , 330 (2006) (“[T]he touchstone for [severability analysis] is legislative intent.”).
- State v. Cooper, 2018 OK CR 40, 434 P.3d 951.published ([T]he 'normal rule' is that 'partial, rather than facial, invalidation is the required course,' such that a 'statute may ... be declared invalid to the extent that it reaches too far, but otherwise left intact.')
Show 71 more citing cases
- Planned Parenthood of Indiana & Kentucky, Inc. v. Comm'r, 258 F. Supp. 3d 929 (S.D. Ind. 2017).published “we prefer ... to enjoin only the unconstitutional applications of a statute while leaving other applications in force, ... or to sever its problematic portions while leaving the remainder intact.”
- Greater Birmingham Ministries v. Alabama, 161 F. Supp. 3d 1104 (N.D. Ala. 2016).published “mindful that our constitutional mandate and institutional competence are limited, we restrain ourselves from 'rewriting state law to conform it to constitutional requirements' even as we try to salvage it.”
- People v. Tate Banks v. People Jensen v. People, 2015 CO 42, 352 P.3d 959.published
- Day v. Henry, 686 F. Supp. 3d 887 (D. Ariz. 2023).published
- Toghill v. Commonwealth, 289 Va. 220 (2015).published
- Planned Parenthood Fed'n of Am., Inc. v. Gonzales, 435 F.3d 1163 (9th Cir. 2006).published
- Planned Parenthood Cincinnati Region v. Taft, 459 F. Supp. 2d 626 (S.D. Ohio 2006).published
- State v. D. Theeler, 2016 MT 318, 385 P.3d 551.published
- Milwaukee Branch of the NAACP v. Scott Walker, 2014 WI 98, 851 N.W.2d 262.published
- George Grant v. Elaine Anderson, No. M2016-01867-COA-R3-CV (Tenn. Ct. App. May 22, 2018).published
- Karen Fann v. State of Arizona, 493 P.3d 246 (Ariz. 2021).published
- Mothering Just. v. Attorney Gen., 345 Mich. App. 282 (Mich. 2024).published
- Proj. Veritas v. Michael Schmidt, 125 F.4th 929 (9th Cir. 2025).published
- Washington State Grange v. Washington State Repub. Party, 552 U.S. 442 (2008).published
- West Virginia Cwp Fund v. Elsie Stacy, No. 11-1020 (4th Cir. Dec. 21, 2011).published
- Torres v. New York State Bd. of Elections, 462 F.3d 161 (2d Cir. 2006).published
- Weinschenk v. State, 203 S.W.3d 201 (Mo. 2006).published
- Maldonado v. Kempton, 422 F. Supp. 2d 1169 (N.D. Cal. 2006).published
- Al-Zahrani v. Donald Rumsfeld, No. 2009-0028 (D.D.C. Feb. 16, 2010).published
- United States v. Brune, 767 F.3d 1009 (10th Cir. 2014).published
- Connection Distrib. Co. v. Holder, 557 F.3d 321 (6th Cir. 2009).published
- Khouzam v. Atty Gen USA, No. 07-2926 (3d Cir. Dec. 5, 2008).published
- Am. Bankers Ass'n v. Lockyer, No. 05-17163 (9th Cir. Sept. 4, 2008).published
- People v. ONE 1998 GMC, 960 N.E.2d 1071 (Ill. 2011).published
- People v. Burns, 2015 IL 117387.published
- Pub. Emp. Ret. Admin. Comm'n v. Bettencourt, 47 N.E.3d 667 (Mass. 2016).published
- Planned Parenthood of the Great Nw. v. State, 375 P.3d 1122 (Alaska 2016).published
- Daniel Binderup v. Attorney Gen. United States, 836 F.3d 336 (3d Cir. 2016).published
- Auspro Enter., LP v. Texas Dep't of Transp., No. 03-14-00375-CV (Tex. App.—Austin Sept. 27, 2016).published
- Honorable William M. Gabler, Sr. v. Crime Victims Rights Bd., 2017 WI 67, 897 N.W.2d 384.published
- PHH Corp. v. Consum. Fin. Prot. Bureau, 881 F.3d 75 (D.C. Cir. 2018).published
- PHH Corp. v. C.F.P.B., No. 15-1177 (D.C. Cir. Jan. 31, 2018).published
- Schoon v. N.D. Dep't of Transp., 2018 ND 210, 917 N.W.2d 199.published
- Democratic Exec. Comm. of Florida v. Laurel M. Lee, 915 F.3d 1312 (11th Cir. 2019).published
- Georgia Muslim Voter Proj. v. Kemp, 918 F.3d 1262 (11th Cir. 2019).published
- Collateral Loanbrokers Assn. of N.Y., Inc. v. City of New York, 178 A.D.3d 598 (N.Y. App. Div. 1st Dep't 2019).published
- EMW Women's Surgical Ctr. v. Eric Friedlander, 960 F.3d 785 (6th Cir. 2020).published
- Robert Harley v. Robert Wilkinson, 988 F.3d 766 (4th Cir. 2021).published
- Borden v. United States, 593 U.S. 420 (2021).published
- Charles Sisney v. Denny Kaemingk, 15 F.4th 1181 (8th Cir. 2021).published
- State v. Strudwick, 864 S.E.2d 231 (N.C. 2021).published
- Hopkins v. Jegley, 267 F. Supp. 3d 1024 (E.D. Ark. 2017).published
- Torres v. New York State Bd. of Elections, 462 F.3d 161 (2d Cir. 2006).published
- Susan Porter v. Kelly Martinez, 68 F.4th 429 (9th Cir. 2023).published
- Cmty. Success Initiative v. Moore, 384 N.C. 194 (2023).published
- Commonwealth v. Mattis, 224 N.E.3d 410 (Mass. 2024).published
- United States v. State of Texas, 97 F.4th 268 (5th Cir. 2024).published
- State v. Carter, 548 P.3d 935 (Wash. 2024).published
- Little Rock Fam. Plan. Servs. v. Rutledge, No. 4:19-cv-00449 (E.D. Ark. July 23, 2019).
- Little Rock Fam. Plan. Servs. v. Rutledge, No. 4:19-cv-00449 (E.D. Ark. Aug. 6, 2019).
- Hopkins v. Jegley, 508 F. Supp. 3d 361 (E.D. Ark. 2020).published
- Hopkins v. Jegley, 510 F. Supp. 3d 638 (E.D. Ark. 2021).published
- Turtle Island Foods SPC v. Soman, 632 F. Supp. 3d 909 (E.D. Ark. 2022).published
- Lamar Co. v. Lexington-Fayette Urban Cnty. Gov't, No. 5:21-cv-00043 (E.D. Ky. June 12, 2023).
- Planned Parenthood Great Nw. v. Cameron, No. 3:22-cv-00198 (W.D. Ky. May 26, 2022).
- Frese v. NH Attorney Gen., No. 1:18-cv-01180 (D.N.H. Oct. 25, 2019).
- Americans for Prosperity v. Grewal, No. 3:19-cv-14228 (D.N.J. Oct. 2, 2019).unpublished
- Sisney v. Kaemingk, 468 F. Supp. 3d 1135 (D.S.D. 2020).published
- Cano v. Assured Auto Grp., No. 3:20-cv-03501, 2021 WL 3036933 (N.D. Tex. July 19, 2021).
- Milan Puskar Health Right v. Crouch, 549 F. Supp. 3d 482 (S.D. W. Va. 2021).published
- Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (9th Cir. 2024).published
- Commonwealth v. Arickson Cruz, 247 N.E.3d 25 (Mass. 2024).published
- Ohio House, LLC v. City of Costa Mesa, No. 22-56181 (9th Cir. Apr. 24, 2025).published
- Michael Miller v. Cnty. of Lancaster, No. 24-2934 (3d Cir. July 28, 2025).unpublished
- Robert Frese v. Gordon J. MacDonald, 425 F. Supp. 3d 64 (D.N.H. 2019).published
- Nathan v. Alamo Heights ISD, 173 F.4th 576 (5th Cir. 2026).published
- Torbit v. State of Florida, No. 1D2024-1393 (Fla. 1st DCA July 29, 2026).published
- D.P. & B.P. v. G.J.P. & A.P., No. 25 WAP 2015 (Pa. Sept. 9, 2016).published
- D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016).published
- Lowery v. United States, 3 A.3d 1169 (D.C. 2010).published“It is axiomatic that a statute may be invalid as applied to one state of facts and yet valid as applied to another.”
- Al-Adahi v. Obama, 596 F. Supp. 2d 111 (D.D.C. 2009).published“[W]e try not to nullify more of a legislature’s work than is necessary. ...”
At page 328 Limiting remedies for constitutional flaws in statutes69 citing casesGenerally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem. We prefer, for example, to enjoin only the unconstitutional applications of a statute while leaving other applications in force, or to sever its problematic portions while leaving…
- New Mexico Trappers Ass'n v. Torrez, No. 1:23-cv-00444 (D.N.M. Sept. 8, 2025).(Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem. We prefer, for example, to enjoin only the unconstitutional applications of a statute while leaving…)
- Planned Parenthood of Indiana & Kentucky, Inc. v. Comm'r, No. 1:17-cv-01636 (S.D. Ind. May 1, 2024).(We prefer ... to enjoin only the unconstitutional applications of a statute while leaving other applications in force, ... or to sever its problematic portions while leaving the remainder intact.)
- In re State of Texas ex rel. Brian W. Wice, Relator, No. WR-86,920-02 (Tex. Crim. App. Nov. 21, 2018).published(Generally speaking, when confronting a constitutional flaw in a statute, we try to lim it the solution to the problem . W e prefer, for exam ple, to enjoin only the unconstitutional applications of a statute while leav…)
- Auspro Enter., LP v. Texas Dep't of Transp., No. 03-14-00375-CV (Tex. App.—Austin Aug. 26, 2016).published Co. v. State, 62 Tex. 630, 634 (1884); see Rose v. Doctors Hosp., 801 S.W.2d 841, 844 (Tex. 1990) (citing Western Union, 62 Tex. at 634 , for severability test). 102 Ayotte v. Planned Parenthood of N. New England, 546 U.S. 320, 328 (2006).…
- Comm. to Recall Menendez v. Wells, 7 A.3d 720 (N.J. 2010).published ([W]hen confronting a constitutional flaw in a statute, we try to limit the solution to the problem. We prefer, for example, . . . to sever its problematic portions while leaving the remainder intact, United States v. B…)
- State of Texas v. USA, 945 F.3d 355 (5th Cir. 2019).published Corp. v. Velazquez, 531 U.S. 533, 560 (2001) (Scalia, J., dissenting); see also Ayotte v. 84 Planned Parenthood of N. New Eng., 546 U.S. 320 , 330 (2006) (“[T]he touchstone for [severability analysis] is legislative intent.”).
- Nikki Bruni v. City of Pittsburgh, 941 F.3d 73 (3d Cir. 2019).publishedAs we explain below, however, it does not preclude us under the doctrine of constitutional avoidance from adopting a narrowing construction of the Ordinance. 21 that would make it constitutional, it will be upheld.” 13 Virginia v. Am. Book…
- Estes v. State, 546 S.W.3d 691 (Tex. Crim. App. 2018).published United States v. National Treasury Employees Union , 513 U.S. 454 , 477-78, 115 S.Ct. 1003 , 130 L.Ed.2d 964 (1995) (noting that crafting a narrow remedy in a challenge to a statute based upon the First Amendment based upon its unconstitut…
- Trophy Room v. City of St. Louis, 534 S.W.3d 340 (Mo. Ct. App. 2017).published Ayotte v. Planned Parenthood of N. New England, 546 U.S. 320, 328 , 126 S.Ct. 961 , 163 L.Ed.2d 812 (2006) (“Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem.... [A] rulin…
- Villani v. Seibert Appeal of: Seibert, No. 66 MAP 2016 (Pa. Apr. 26, 2017).publishedSee Majority Op. at 24 n.13; see also Ayotte v. Planned Parenthood of Northern New Eng., 546 U.S. 320 , 328–329 (2006) (“Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem.
Show 44 more citing cases
- Korwin v. Cotton, 323 P.3d 1200 (Ariz. Ct. App. 2014).published See Ayotte v. Planned Parenthood of N. New England, 546 U.S. 320, 328-29 , 126 S.Ct. 961 , 163 L.Ed.2d 812 (2006) (“Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem.
- Barrett v. Claycomb, 976 F. Supp. 2d 1104 (W.D. Mo. 2013).published In addition to the Supreme Court’s instruction in Citizens United , the Scott court found this claim “unconvincing” due to the fact that facial challenges are generally disfavored, which leads courts to “construe a plaintiffs challenge, if…
- Planned Parenthood Se., Inc. v. Strange, 172 F. Supp. 3d 1275 (M.D. Ala. 2016).published
- Gonzales v. Carhart, 550 U.S. 124 (2007).published
- United States v. Carta, 592 F.3d 34 (1st Cir. 2010).published
- Comite De Jornaleros De Redondo Beach v. City of Redondo Beach, 657 F.3d 936 (9th Cir. 2011).published
- Comite De Jornaleros v. City of Redondo, No. 06-55750 (9th Cir. Sept. 16, 2011).published
- Delaware Coalition for Open Gov't, Inc. v. Strine, 733 F.3d 510 (3d Cir. 2013).published
- People v. Taylor, 878 N.E.2d 969 (N.Y. 2007).published
- Hodge v. Talkin, 949 F. Supp. 2d 152 (D.D.C. 2013).published
- Wazir v. Rumsfeld, No. 2006-1697 (D.D.C. Sept. 16, 2009).published
- Wazir v. Rumsfeld, No. 2006-1697 (D.D.C. Apr. 2, 2009).published
- Milwaukee Branch of the NAACP v. Scott Walker, 2014 WI 98, 851 N.W.2d 262.published
- State v. Reyes (Mike), No. 64277 (Nev. Jan. 30, 2015).unpublished
- Stormans, Inc. v. Selecky, 571 F.3d 960 (9th Cir. 2009).published
- State v. Patrick J. Lynch, 2016 WI 66, 885 N.W.2d 89.published
- D.P. & B.P. v. G.J.P. & A.P., No. 25 WAP 2015 (Pa. Sept. 9, 2016).published
- George Grant v. Elaine Anderson, No. M2016-01867-COA-R3-CV (Tenn. Ct. App. May 22, 2018).published
- Adams & Boyle, P.C. v. Herbert Slatery III, 956 F.3d 913 (6th Cir. 2020).published
- Karen Fann v. State of Arizona, 493 P.3d 246 (Ariz. 2021).published
- Billie Johnson v. Wisconsin Elections Comm'n, 2021 WI 87, 399 Wis. 2d 623.published
- In re Contest of November 8, 2011 Gen. Election of Off. of New Jersey Gen. Assembly, 40 A.3d 684 (N.J. 2012).published
- Picard v. Magliano, 42 F.4th 89 (2d Cir. 2022).published
- State v. Radomski, 901 S.E.2d 908 (N.C. Ct. App. 2024).published
- United States v. State of Idaho, 623 F. Supp. 3d 1096 (D. Idaho 2022).published
- Braidwood Mgmt v. Becerra, 104 F.4th 930 (5th Cir. 2024).published
- Jensen v. Maryland Cannabis Admin., 719 F. Supp. 3d 466 (D. Md. 2024).published
- Eggers v. Evnen, 607 F. Supp. 3d 903 (D. Neb. 2022).published
- Mothering Just. v. Attorney Gen., 345 Mich. App. 282 (Mich. 2024).published
- Proj. Veritas v. Michael Schmidt, 125 F.4th 929 (9th Cir. 2025).published
- Norton Outdoor Advert., Inc. v. Vill. of St. Bernard, No. 1:20-cv-00350 (S.D. Ohio Jan. 23, 2025).
- Thomas Fullen Williams v. Maggie Kelly Panter, 911 S.E.2d 212 (Va. Ct. App. 2025).published
- United States v. Carlos Cuevas-Almonte, 156 F.4th 319 (3d Cir. 2025).published
- Jane Gilbert v. Sec'y of State, 2026 ME 59.published
- Kansas Jud. Review v. Stout, 519 F.3d 1107 (10th Cir. 2008).published
- United States v. Under Seal, 819 F.3d 715 (4th Cir. 2016).published
- Whole Woman's Health v. Hellerstedt, 579 U.S. 582 (2016).published
- Ramirez v. Commonwealth, 94 N.E.3d 809 (Mass. 2018).published
- United States v. Arthrex, Inc., 594 U.S. 1 (2021).published
- D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016).published
- Tex. v. United States, 340 F. Supp. 3d 579 (N.D. Tex. 2018).published
- Victoria Schrader v. Dist. Attorney York Cnty., 74 F.4th 120 (3d Cir. 2023).published
- McLemore v. Hosemann, 414 F. Supp. 3d 876 (S.D. Miss. 2019).published
- Kligfeld Holdings v. Comm'r, 128 T.C. 192 (Tax Ct. 2007).published
At page 330 Limiting judicial remedy based on legislative intent56 citing cases“after finding an application or portion of a statute unconstitutional, we must next ask: would the legislature have preferred what is left of its statute to no statute at all?”
- An opinion was released in case 23-7061 v. D.C., No. 23-7061 (D.C. Cir. Oct. 29, 2024).published “making distinctions . . . where line-drawing is inherently complex, may call for a far more serious invasion of the legislative domain than we ought to undertake.”
- People of Michigan v. Paul J Betts Jr, 968 N.W.2d 497 (Mich. 2021).published ([T]he touchstone for any decision about remedy is legislative intent, for a court cannot use its remedial powers to circumvent the intent of the legislature.)
- Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019).published Booker, 543 U.S. at 258 (to address the constitutional infirmity, we consider “which portions of the . . . statute we must sever and excise as inconsistent with the Court’s constitutional requirement”); Ayotte, 546 U.S. at 329 (“[W]e restr…
- HCI Distrib., Inc. v. Michael Hilgers, 110 F.4th 1062 (8th Cir. 2024).published(After finding an application or portion of a statute unconstitutional, we must next ask: Would the legislature have preferred what is left of its statute to no statute at all?)
- United States Tr. v. John Q. Hammons Fall 2006, LLC, 602 U.S. 487 (2024).published II Across remedial contexts, “the nature of the violation determines the scope of the remedy.” Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U. S. 1, 16 (1971); see also Ayotte v. Planned Parenthood of Northern New Eng., 546 U. S. 320 , 3…
- United States Tr. Region 21 v. Bast Amron LLP, 71 F.4th 1341 (11th Cir. 2023).published “the touchstone for any decision about remedy is legislative intent”
- Arthrex, Inc. v. Smith & Nephew, Inc., 953 F.3d 760 (Fed. Cir. 2020).published (After finding an application or portion of a statute unconstitutional, we must next ask: Would the legislature have preferred what is left of its statute or no statute at all?)
- State of Texas v. USA, 945 F.3d 355 (5th Cir. 2019).published Corp. v. Velazquez, 531 U.S. 533, 560 (2001) (Scalia, J., dissenting); see also Ayotte v. 84 Planned Parenthood of N. New Eng., 546 U.S. 320 , 330 (2006) (“[T]he touchstone for [severability analysis] is legislative intent.”).
- Maloney v. Singas, 351 F. Supp. 3d 222 (E.D.N.Y. 2018).published (After finding an application or portion of a statute unconstitutional, we must next ask: Would the legislature have preferred what is left of its statute to no statute at all?)
- Gem Fin. Serv., Inc. v. City of N.Y., 298 F. Supp. 3d 464 (E.D.N.Y. 2018).published (After finding an application or portion of a statute unconstitutional, we must next ask: Would the legislature have preferred what is left of its statute to no statute at all?)
Show 39 more citing cases
- Sessions v. Morales-Santana, 582 U.S. 47 (2017).published “the touchstone for any decision about remedy is legislative intent”
- Nat'l Fed'n of Indep. Bus. v. Sebelius, 567 U.S. 519 (2012).published (Would the legislature have preferred what is left of its statute to no statute at all)
- Planned Parenthood Minnesota v. Rounds, 467 F.3d 716 (8th Cir. 2006).published
- Hodge v. Talkin, 949 F. Supp. 2d 152 (D.D.C. 2013).published
- Norton Outdoor Advert., Inc. v. Vill. of St. Bernard, No. 1:20-cv-00350 (S.D. Ohio Jan. 23, 2025).
- Weinschenk v. State, 203 S.W.3d 201 (Mo. 2006).published
- People v. ONE 1998 GMC, 960 N.E.2d 1071 (Ill. 2011).published
- People v. Burns, 2015 IL 117387.published
- Planned Parenthood of the Great Nw. v. State, 375 P.3d 1122 (Alaska 2016).published
- PHH Corp. v. Consum. Fin. Prot. Bureau, 881 F.3d 75 (D.C. Cir. 2018).published
- PHH Corp. v. C.F.P.B., No. 15-1177 (D.C. Cir. Jan. 31, 2018).published
- Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477 (2010).published
- Ostergren v. McDonnell, 643 F. Supp. 2d 758 (E.D. Va. 2009).published
- John Doe, Inc. v. Mukasey, 549 F.3d 861 (2d Cir. 2008).published
- PHH Corp. v. Consum. Fin. Prot. Bureau, 839 F.3d 1 (D.C. Cir. 2016).published
- PHH Corp. v. C.F.P.B., No. 15-1177 (D.C. Cir. Oct. 11, 2016).published
- Commonwealth v. Batts, Q., 163 A.3d 410 (Pa. 2017).published
- Rochelle Garza v. Eric Hargan [ORDER IN SLIP OPINION FORMAT], 874 F.3d 735 (D.C. Cir. 2017).published
- Lebamoff Enters., Inc. v. Gretchen Whitmer, 956 F.3d 863 (6th Cir. 2020).published
- Whole Woman's Health v. Ken Paxton, 978 F.3d 896 (5th Cir. 2020).published
- Whole Woman's Health v. Ken Paxton, 10 F.4th 430 (5th Cir. 2020).published
- State v. Daniel OO., 88 A.D.3d 212 (N.Y. App. Div. 3d Dep't 2011).published
- State of West Virginia v. U.S. Dep't of the Treasury, 59 F.4th 1124 (11th Cir. 2023).published
- In the Matter of: M.R., 2024 OK 28, 548 P.3d 120.published
- Franklin v. Navient, Inc., 534 F. Supp. 3d 341 (D. Del. 2021).published
- Yukutake v. Connors, No. 1:19-cv-00578 (D. Haw. Sept. 23, 2021).
- Ass'n to Preserve & Protect Local Livelihoods v. Town of Bar Harbor, No. 1:22-cv-00416, 2024 WL 3088752 (D. Me. June 21, 2024).
- State of Texas v. Yellen, 105 F.4th 755 (5th Cir. 2024).published
- NVR, Inc. v. Majestic Hills, L.L.C., 670 F. Supp. 3d 206 (W.D. Pa. 2023).published
- Holman v. Vilsack, No. 1:21-cv-01085 (W.D. Tenn. July 8, 2021).
- Kansas, State of v. United States Dep't of Educ., No. 5:24-cv-04041 (D. Kan. July 2, 2024).
- Attorney Gen. v. Hood, 2025 N.H. 3.published
- Johns Manville Corp. v. United States, No. 24-402 (Fed. Cl. June 30, 2025).published
- Walmart, Inc. v. Jean King, No. 24-11733 (11th Cir. July 16, 2025).published
- United States v. Galvin, Misc. Dkt. No. 2026-01 (A.F.C.C.A. June 5, 2026).unpublished
- Dominick Russo v. Sec'y, U.S. Dep't of Com., No. 26-10171 (11th Cir. Sept. 3, 2026).published
- Planned Parenthood of N. New England v. Ayotte, 571 F. Supp. 2d 265 (D.N.H. 2008).published
- United States v. Shields, 522 F. Supp. 2d 317 (D. Mass. 2007).published
- Helman v. Dep't of Vets. Affairs, 856 F.3d 920 (Fed. Cir. 2017).published
At page 327 Affirming state parental involvement statutes and health exception25 citing cases“when confronting a constitutional flaw in a statute, we try to limit the solution to the problem.”
- Planned Parenthood Cincinnati Region v. Bob Taft, 444 F.3d 502 (6th Cir. 2006).published ([O]ur precedents hold, that a State may not restrict access to abortions that are necessary, in appropriate medical judgment, for preservation of the life or health of the mother.)
- Planned Parenthood Cincinnati Region v. Bob Taft, 439 F.3d 304 (6th Cir. 2006).published ([O]ur precedents hold, that a State may not restrict access to abortions that are necessary, in appropriate medical judgment, for preservation of the life or health of the mother.)
- Nat'l Abortion Fed'n v. Gonzales, 437 F.3d 278 (2d Cir. 2006).published ([O]ur precedents hold[] that a State may not restrict access to abortions that are necessary, in appropriate medical judgment, for preservation of the life or health of the mother.)
- Nat'l Abortion Fed'n v. Gonzales, 437 F.3d 278 (2d Cir. 2006).published ([OJur precedents hold[ ] that a State may not restrict access to abortions that are necessary, in appropriate medical judgment, for preservation of the life or health of the mother.)
- United States Tr. v. John Q. Hammons Fall 2006, LLC, 602 U.S. 487 (2024).published (Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem)
- United States v. Shamar Betts, 99 F.4th 1048 (7th Cir. 2024).published ([g]enerally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem,” severing any “problematic portions while leaving the remainder intact)
- Nikki Bruni v. City of Pittsburgh, 941 F.3d 73 (3d Cir. 2019).published(Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem.)
- Estes v. State, 546 S.W.3d 691 (Tex. Crim. App. 2018).published (Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem. We prefer, for example, to enjoin only the unconstitutional applications of a statute while leaving…)
- Trophy Room v. City of St. Louis, 534 S.W.3d 340 (Mo. Ct. App. 2017).published (Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem.... [A] ruling of unconstitutionality frustrates the intent of the elected representatives of the peo…)
- Villani v. Seibert Appeal of: Seibert, No. 66 MAP 2016 (Pa. Apr. 26, 2017).published(Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem. We prefer, for example, to enjoin only the unconstitutional applications of a statute, while leaving…)
Show 15 more citing cases
- Korwin v. Cotton, 323 P.3d 1200 (Ariz. Ct. App. 2014).published (Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem. We prefer, for example, to enjoin only the unconstitutional applications of a statute while leaving…)
- Barrett v. Claycomb, 976 F. Supp. 2d 1104 (W.D. Mo. 2013).published (Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem. We prefer, for example, to enjoin only the unconstitutional applications of a statute while leaving…)
- Gonzales v. Carhart, 550 U.S. 124 (2007).published
- Planned Parenthood Fed'n of Am., Inc. v. Gonzales, 435 F.3d 1163 (9th Cir. 2006).published
- Steven Warshak v. United States, 490 F.3d 455 (6th Cir. 2007).published
- Womancare of Orlando, Inc. v. Agwunobi, 448 F. Supp. 2d 1309 (N.D. Fla. 2006).published
- Planned Parenthood Cincinnati Region v. Taft, 459 F. Supp. 2d 626 (S.D. Ohio 2006).published
- Covenant Media v. North Charleston, No. 06-1894 (4th Cir. July 6, 2007).published
- Cam I, Inc. v. Louisville/jefferson Cnty. Metro Gov't, 460 F.3d 717 (6th Cir. 2006).published
- Garry A. Borzych v. Matthew J. Frank, 439 F.3d 388 (7th Cir. 2006).published
- Planned Parenthood Minnesota v. Rounds, 467 F.3d 716 (8th Cir. 2006).published
- State v. D. Theeler, 2016 MT 318, 385 P.3d 551.published
- Sands Bethworks Gaming, LLC v. Pa. Dep't of Revenue, 207 A.3d 315 (Pa. 2019).published
- Edwards v. Beck, 8 F. Supp. 3d 1091 (E.D. Ark. 2014).published
- Kligfeld Holdings v. Comm'r, 128 T.C. 192 (Tax Ct. 2007).published“when confronting a constitutional flaw in a statute, we try to limit the solution to the problem”
At page 331 Determining remedy for constitutional statute invalidity11 citing casesallowing certain portions of the challenged law to stand in part because “the Act contains a severability clause
- Planned Parenthood Se., Inc. v. Strange, 172 F. Supp. 3d 1275 (M.D. Ala. 2016).published
- Gonzales v. Carhart, 550 U.S. 124 (2007).published
- Planned Parenthood of the Great Nw. v. State, 375 P.3d 1122 (Alaska 2016).published
- In re Gregg Abbott, 954 F.3d 772 (5th Cir. 2020).published
- Maryland Shall Issue, Inc. v. Woodrow Jones, III, No. 21-2053 (4th Cir. Jan. 11, 2024).published
- Maryland Shall Issue, Inc. v. Wes Moore, 86 F.4th 1038 (4th Cir. 2023).published
- Maryland Shall Issue, Inc. v. Wes Moore, 116 F.4th 211 (4th Cir. 2024).published
- Derek Block v. James Canepa, 175 F.4th 642 (6th Cir. 2026).published
126 S. Ct. at 969 Determining scope of injunction based on legislative intent8 citing casesexplaining that if the legislature "preferred no statute at all to a statute enjoined" in its unconstitutional applications, then "consistency with legislative intent requires invalidating the statute in toto
- Planned Parenthood Cincinnati Region v. Bob Taft, 444 F.3d 502 (6th Cir. 2006).published For example, the Casey Court stated that “the essential holding of Roe forbids a State to interfere with a woman’s choice to undergo an abortion procedure if continuing her pregnancy would constitute a threat to her health.” Id. at 880 ; s…
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- Nat'l Abortion Fed'n v. Gonzales, 437 F.3d 278 (2d Cir. 2006).published In addition to citing Casey and Roe, the Court grounded the constitutional requirement of a health exception on its prior decisions on abortion procedures in Thornburgh, Colautti, and Danforth . 4 The Court recently restated the constituti…
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- Planned Parenthood Fed'n of Am., Inc. v. Gonzales, 435 F.3d 1163 (9th Cir. 2006).published
At page 323 Determining appropriate judicial remedy for unconstitutional statute5 citing casesaddressing only the scope of equitable relief
- Planned Parenthood of Arizona v. William Humble, 753 F.3d 905 (9th Cir. 2014).published
- Toghill v. Commonwealth, 289 Va. 220 (2015).published
- Planned Parenthood Se., Inc. v. Strange, 172 F. Supp. 3d 1275 (M.D. Ala. 2016).published
- Robinson v. Marshall, No. 2:19-cv-00365 (M.D. Ala. Apr. 12, 2020).
- New Jersey Bankers Ass'n v. Grewal, No. 3:18-cv-15725 (D.N.J. June 21, 2021).unpublished
126 S. Ct. at 964 Balancing facial versus partial invalidation of statutes5 citing cases
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- Cincinnati Women's Servs., Inc. v. Taft, 468 F.3d 361 (6th Cir. 2006).published
At page 324 Allowing judicial bypass for minor's abortion consent4 citing casesto her parent or guardian. § 132:25(1). Notice may be delivered personally or by certified mail. §§ 132:25(11), (III). Violations of the Act are subject to…
- Frazier ex rel. Frazier v. Winn, 535 F.3d 1279 (11th Cir. 2009).published
- Planned Parenthood of the Heartland, Inc. v. Kim Reynolds, 962 N.W.2d 37 (Iowa 2021).published
- Frazier v. Alexandre, 555 F.3d 1292 (11th Cir. 2009).published
126 S. Ct. at 966 Vacating judgment and remanding for injunctive relief consideration4 citing cases
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- Planned Parenthood Cincinnati Region v. Bob Taft, 439 F.3d 304 (6th Cir. 2006).published For example, the Casey Court stated that "the essential holding of Roe forbids a State to interfere with a woman's choice to undergo an abortion procedure if continuing her pregnancy would constitute a threat to her health." Id. at 880 , 1…
the touchstone for any decision about remedy is legislative intent
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- Sessions v. Morales-Santana, 582 U.S. 47 (2017).published (the touchstone for any decision about remedy is legislative intent)
At page 321 Limiting the scope of statutory interpretation2 citing cases
- People v. Tate Banks v. People Jensen v. People, 2015 CO 42, 352 P.3d 959.published
- Day v. Henry, 686 F. Supp. 3d 887 (D. Ariz. 2023).published
At page 320 “We do not revisit our abortion precedents today, but rather address a question of remedy.”1 citing case
- Nat'l Abortion Fed'n v. Gonzales, 437 F.3d 278 (2d Cir. 2006).published “We do not revisit our abortion precedents today, but rather address a question of remedy.”
“[g]enerally speaking, when confronting a consti- tutional flaw in a statute, we try to limit the solution to the problem,” severing any “problematic portions while leaving the remainder intact”
- United States v. Shamar Betts, 99 F.4th 1048 (7th Cir. 2024).published “[g]enerally speaking, when confronting a consti- tutional flaw in a statute, we try to limit the solution to the problem,” severing any “problematic portions while leaving the remainder intact”
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- Whole Woman's Health v. Ken Paxton, 10 F.4th 430 (5th Cir. 2021).published
- Mount Airy 1, LLC v. Pennsylvania Dep't of Revenue, 154 A.3d 268 (Pa. 2016).published
- Pen v. DC Radio Assets, LLC, 181 F. Supp. 3d 49 (D.D.C. 2014).published
v.
PLANNED PARENTHOOD OF NORTHERN NEW ENGLAND
delivered the opinion of the Court.
We do not revisit our abortion precedents today, but rather address a question of remedy: If enforcing a statute that regulates access to abortion would be unconstitutional in medical emergencies, what is the appropriate judicial response? We hold that invalidating the statute entirely is not always necessary or justified, for lower courts may be able to render narrower declaratory and injunctive relief.
I
A
In 2003, New Hampshire enacted the Parental Notification Prior to Abortion Act. N. H. Rev. Stat. Ann. §§ 132:24-132:28 (2005). The Act prohibits physicians from performing an abortion on a pregnant minor (or a woman for whom a guardian or conservator has been appointed) until 48 hours after written notice of the pending abortion is delivered[*324] to her parent or guardian. § 132:25(1). Notice may be delivered personally or by certified mail. §§ 132:25(11), (III). Violations of the Act are subject to criminal and civil penalties. § 132:27.
The Act allows for three circumstances in which a physician may perform an abortion without notifying the minor’s parent. First, notice is not required if “[t]he attending abortion provider certifies in the pregnant minor’s record that the abortion is necessary to prevent the minor’s death and there is insufficient time to provide the required notice/’ § 132:26(I)(a). Second, a person entitled to receive notice may -certify that he or she has already been notified. § 132:26(I)(b). Finally, a minor may petition a judge to authorize her physician to perform an abortion without parental notification. The judge must so authorize if he or she finds that the minor is mature and capable of giving informed consent, or that an abortion without notification is in the minor’s best interests. §132:26(11). These judicial bypass proceedings “shall be confidential and shall be given precedence over other pending matters so that the court may reach a decision promptly and without delay,” and access to the courts “shall be afforded [to the] pregnant minor 24 hours a day, 7 days a week.” §§ 132:26(II)(b), (c). The trial and appellate courts must each rule on bypass petitions within seven days. Ibid.
The Act does not explicitly permit a physician to perform an abortion in a medical emergency without parental notification.
B
Respondents are Dr. Wayne Goldner, an obstetrician and gynecologist who has a private practice in Manchester, and three clinics that offer reproductive health services. All provide abortions for pregnant minors, and each anticipates having to provide emergency abortions for minors in the future. Before the Act took effect, respondents brought suit under 42 U. S. C. § 1983, alleging that the Act is unconstitu[*325]tional because it fails “to allow a physician to provide a prompt abortion to a minor whose health would be endangered” by delays inherent in the Act. App. 10 (Complaint, ¶ 24). Respondents also challenged the adequacy of the Act’s life exception and of the judicial bypass’ confidentiality provision.
The District Court declared the Act unconstitutional, see 28 U. S. C. § 2201(a), and permanently enjoined its enforcement. It held, first, that the Act was invalid for failure “on its face [to] comply with the constitutional requirement that laws restricting a woman’s access to abortion must provide a health exception.” Planned Parenthood of Northern New Eng. v. Heed, 296 F. Supp. 2d 59, 65 (NH 2003). It also found that the Act’s judicial bypass would not operate expeditiously enough in medical emergencies. In the alternative, the District Court held the Act’s life exception unconstitutional because it requires physicians to certify with impossible precision that an abortion is “necessary” to avoid death, and fails to protect their good faith medical judgment.
The Court of Appeals for the First Circuit affirmed. Citing our decisions in Stenberg v. Carkart, 530 U. S. 914, 929-930 (2000), Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833, 879 (1992) (plurality opinion), and Roe v. Wade, 410 U. S. 113, 164-165 (1973), it observed: “Complementing the general undue burden standard [for reviewing abortion regulations], the Supreme Court has also identified a specific and independent constitutional requirement that an abortion regulation must contain an exception for the preservation of the pregnant woman’s health.” Planned Parenthood of Northern New Eng. v. Heed, 390 F. 3d 53, 58 (2004). It went on to conclude that the Act is unconstitutional because it does not contain an explicit health exception, and its judicial bypass, along with other provisions of state law, is no substitute. The Court of Appeals further found the Act unconstitutional because, in its view, the life exception forces physicians to gamble with their patients’[*326] lives by prohibiting them from performing an abortion without notification until they are certain that death is imminent, and is intolerably vague. Because the district and appellate courts permanently enjoined the Act’s enforcement on the basis of the above infirmities, neither reached respondents’ objection to the judicial bypass’ confidentiality provision.
We granted certiorari, 544 U. S. 1048 (2005), to decide whether the courts below erred in invalidating the Act in its entirety because it lacks an exception for the preservation of pregnant minors’ health. We now vacate and remand for the Court of Appeals to reconsider its choice of remedy.
M H-1
As the case comes to us, three propositions — two legal and one factual — are established. First, States unquestionably have the right to require parental involvement when a minor considers terminating her pregnancy, because of their “strong and legitimate interest in the welfare of [their] young citizens, whose immaturity, inexperience, and lack of judgment may sometimes impair their ability to exercise their rights wisely.” Hodgson v. Minnesota, 497 U. S. 417, 444-445 (1990) (opinion of Stevens, J.).[1] Accordingly, we have[*327] long upheld state parental involvement statutes like the Act before us, and we cast no doubt on those holdings today. See, e. g., Lambert v. Wicklund, 520 U. S. 292 (1997) (per curiam); Casey, supra, at 899 (joint opinion); Ohio v. Akron Center for Reproductive Health, 497 U. S. 502, 510-519 (1990); Hodgson, 497 U. S., at 461 (O’Connor, J., concurring in part and concurring in judgment in part); id., at 497-501 (Kennedy, J., concurring in judgment in part and dissenting in part).[2]
.Second, New Hampshire does not dispute, and our precedents hold, that a State may not restrict access to abortions that are “'necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.’ ” Casey, [*328] 505 U. S., at 879 (plurality opinion) (quoting Roe, 410 U. S., at 164-165); see also Thornburgh v. American College of Obstetricians and Gynecologists, 476 U. S. 747, 768-769 (1986); Planned Parenthood Assn. of Kansas City, Mo., Inc. v. Ashcroft, 462 U. S. 476, 482-486 (1983) (opinion of Powell, J.); Planned Parenthood of Central Mo. v. Danforth, 428 U. S. 52, 79 (1976).
Third, New Hampshire has not taken real issue with the factual basis of this litigation: In some very small percentage of cases, pregnant minors, like adult women, need immediate abortions to avert serious and often irreversible damage to their health. See 296 F. Supp. 2d, at 65, n. 4.
New Hampshire has maintained that in most if not all cases, the Act’s judicial bypass and the State’s “competing harms” statutes should protect both physician and patient when a minor needs an immediate abortion. See N. H. Rev. Stat. Ann. §627:3(1) (1996) (for criminal liability, “[cjonduct which the actor believes to be necessary to avoid harm to ... another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the offense charged”); §627:1 (similar for civil liability). But the District Court and Court of Appeals found neither of these provisions to protect minors’ health reliably in all emergencies. 296 F. Supp. 2d, at 65-66; 390 F. 3d, at 61-62. And New Hampshire has conceded that, under our cases, it would be unconstitutional to apply the Act in a manner that subjects minors to significant health risks. See Reply Brief for Petitioner 2, 8, 11; Tr. of Oral Arg. 6, 14.
III
We turn to the question of remedy: When a statute restricting access to abortion may be applied in a manner that harms women’s health, what is the appropriate relief? Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem. We pre[*329]fer, for example, to enjoin only the unconstitutional applications of a statute while leaving other applications in force, see United States v. Raines, 362 U. S. 17, 20-22 (1960), or to sever its problematic portions while leaving the remainder intact, United States v. Booker, 543 U. S. 220, 227-229 (2005).
Three interrelated principles inform our approach to remedies. First, we try not to nullify more of a legislature’s work than is necessary, for we know that “[a] ruling of unconstitutionality frustrates the intent of the elected representatives of the people.” Regan v. Time, Inc., 468 U. S. 641, 652 (1984) (plurality opinion). It is axiomatic that a “statute may be invalid as applied to one state of facts and yet valid as applied to another.” Dahnke-Walker Milling Co. v. Bondurant, 257 U. S. 282, 289 (1921). Accordingly, the “normal rule” is that “partial, rather than facial, invalidation is the required course,” such that a “statute may ... be declared invalid to the extent that it reaches too far, but otherwise left intact.” Brockett v. Spokane Arcades, Inc., 472 U. S. 491, 504 (1985); see also Tennessee v. Garner, 471 U. S. 1 (1985); United States v. Grace, 461 U. S. 171, 180-183 (1983).
Second, mindful that our constitutional mandate and institutional competence are limited, we restrain ourselves from “rewriting] state law to conform it to constitutional requirements” even as we strive to salvage it. Virginia v. American Booksellers Assn., Inc., 484 U. S. 383, 397 (1988). Our ability to devise a judicial remedy that does not entail quintessentially legislative work often depends on how clearly we have already articulated the background constitutional rules at issue and how easily we can articulate the remedy. In United States v. Grace, supra, at 180-183, for example, we crafted a narrow remedy much like the one we contemplate today, striking down a statute banning expressive displays only as it applied to public sidewalks near the Supreme Court but not as it applied to the Supreme Court Building itself. We later explained that the remedy in Grace was a “relatively simple matter” because we had previously dis[*330]tinguished between sidewalks and buildings in our First Amendment jurisprudence. United States v. Treasury Employees, 513 U. S. 454, 479, n. 26 (1995). But making distinctions in a murky constitutional context, or where line-drawing is inherently complex, may call for a “far more serious invasion of the legislative domain” than we ought to undertake. Ibid.
Third, the touchstone for any decision about remedy is legislative intent, for a court cannot “use its remedial powers to circumvent the intent of the legislature.” Califano v. Westcott, 443 U. S. 76, 94 (1979) (Powell, J., concurring in part and dissenting in part); see also Dorchy v. Kansas, 264 U. S. 286, 289-290 (1924) (opinion for the Court by Brandéis, J.). After finding an application or portion of a statute unconstitutional, we must next ask: Would the legislature have preferred what is left of its statute to no statute at all? See generally Booker, supra, at 227; Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U. S. 172, 191 (1999); Alaska Airlines, Inc. v. Brock, 480 U. S. 678, 684 (1987); Champlin Refining Co. v. Corporation Comm’n of Okla., 286 U. S. 210, 234. (1932); The Employers’ Liability Cases, 207 U. S. 463, 501 (1908); Allen v. Louisiana, 103 U. S. 80, 83-84 (1881); Trade-Mark Cases, 100 U. S. 82, 97-98 (1879). All the while, we are wary of legislatures who would rely on our intervention, for “[i]t would certainly be dangerous if the legislature could set a net large enough to catch all possible offenders, and leave it to the courts to step inside” to announce to whom the statute may be applied. United States v. Reese, 92 U. S. 214, 221 (1876). “This would, to some extent, substitute the judicial for the legislative department of the government.” Ibid.
In this case, the courts below chose the most blunt remedy — permanently enjoining the enforcement of New Hampshire’s parental notification law and thereby invalidating it entirely. That is understandable, for we, too, have previ[*331]ously invalidated an abortion statute in its entirety because of the same constitutional flaw. In Stenberg, we addressed a Nebraska law banning so-called “partial birth abortion” unless the procedure was necessary to save the pregnant woman’s life. We held Nebraska’s law unconstitutional because it lacked a health exception. 530 U. S., at 930 (lack of a health exception was an “independent reaso[n]” for finding the ban unconstitutional). But the parties in Stenberg did not ask for, and we did not contemplate, relief more finely drawn.
In the case that is before us, however, we agree with New Hampshire that the lower courts need not have invalidated the law wholesale. Respondents, too, recognize the possibility of a modest remedy: They pleaded for any relief “just and proper,” App. 13 (Complaint), and conceded at oral argument that carefully crafted injunctive relief may resolve this case, Tr. of Oral Arg. 38, 40. Only a few applications of New Hampshire’s parental notification statute would present a constitutional problem. So long as they are faithful to legislative intent, then, in this case the lower courts can issue a declaratory judgment and an injunction prohibiting the statute’s unconstitutional application.
There is some dispute as to whether New Hampshire’s legislature intended the statute to be susceptible to such a remedy. . New Hampshire notes that the Act contains a severability clause providing that “[i]f any provision of this subdivision or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions or applications of this subdivision which can be given effect without the invalid provisions or applications.” § 132:28. Respondents, on the other hand, contend that New Hampshire legislators preferred no statute at all to a statute enjoined in the way we have described. Because this is an open question, we remand for the lower courts to determine legislative intent in the first instance.
[*332] > t — i
Either an injunction prohibiting unconstitutional applications or a holding that consistency with legislative intent requires invalidating the statute in toto should obviate any concern about the Act’s life exception. We therefore need not pass on the lower courts’ alternative holding. Finally, if the Act does survive in part on remand, the Court of Appeals should address respondents’ separate objection to the judicial bypass’ confidentiality provision. The judgment of the Court of Appeals is vacated, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Forty-four States, including New Hampshire, have parental involvement (that is, consent or notification) laws. Thirty-eight of those laws have explicit exceptions for health or medical emergencies. Ala Code §26-21-5 (1992); Alaska Stat. § 18.16.060 (2004); Ariz. Rev. Stat. Ann. §36-2152(G)(2) (West 2003); Ark. Code Ann. §§20-16-802(2), 20-16-805(1) (2005 Supp.); Cal. Health & Safety Code Ann. § 123450 (West 1996); Colo. Rev. Stat. §12-37.5-103(5) (2004); Del. Code Ann., Tit. 24, §§ 1782(d), 1787 (1997); Fla Stat. Ann. §§390.01114(2)(d), (3)(b) (West Supp. 2006); Ga Code Ann. §15-11-116 (2005); Idaho Code § 18-609A(1)(a)(v) (Lexis Cum. Supp. 2005); Ill. Comp. Stat., eh. 750, §70/10 (West 2004); Ind. Code § 16-34-2-4 (West 2004); Iowa Code §135L.3 (2005); Kan. Stat. Ann. § 65-6705(j)(1)(B) (2002); Ky. Rev. Stat. Ann. §§311.720, 311.732 (West Supp. 2005); La. Stat. Ann. §40:1299.35.12 (West Supp. 2005); Mass. Gen. Laws, ch. 112, §12S (West 2004); Mich. Comp. Laws Ann. §§ 722.902(b), 722.905 (West 2002); Miss. Code Ann. §41-41-57 (2005); Mont. Code Ann. §§50-20-203(5), 50-20-208 (2005); Neb. Rev. Stat. §71-6906(1) (2003); Nev. Rev. Stat.[*327] §442.255(1) (2003); N. J. Stat. Ann. §§9:17A-1.3, 9:17A-1.6 (West 2002); N. M. Stat. Ann. §30-5-1 (2004); N. C. Gen. Stat. Ann. §90-21.9 (Lexis 2003); N. D. Cent. Code Ann. §§14-02.1-03(1), 14-02.1-03.1(2) (Lexis 2004); Ohio Rev. Code Ann. § 2919.121(D) (Lexis 2003); Okla. Stat., Tit. 63, §1-740.2(B) (West Cum. Supp. 2006); 18 Pa. Cons. Stat. §§3203, 3206 (2002); R. I. Gen. Laws §23-4.7-4 (1996); S. C. Code Ann. §44-41-30(0(1) (2002); 2005 S. D. Laws p. 189; Tenn. Code Ann. § 37-10-305 (2005); Tex. Occ. Code Ann. § 164.052(a)(19) (West Cum. Supp. 2005), Tex. S. B. 419, § 1.42(a)(19) (2005) (enrolled); Utah Code Ann. §§76-7-301(2), 76-7-305 (Lexis Supp. 2005); Va. Code Ann. § 18.2-76 (2004); W. Va. Code § 16-2F-5 (Lexis 2001); Wis. Stat. §48.375 (2003-2004). Two States give physicians sufficient discretion to perform an abortion to protect minors’ health. Me. Rev. Stat. Ann., Tit. 22, §1597-A (2004); Md. Health Code Ann. §20-103 (2005). Four, including New Hampshire, make no exception for minors’ health in an emergency. N. H. Stat. § 132:26 (2005); Minn. Stat. § 144.343 (2004); Mo. Rev. Stat. §188.028 (2000); Wyo. Stat. Ann. §35-6-118 (2003).
It is the sad reality, however, that young women sometimes lack a loving and supportive parent capable of aiding them “to exercise their rights wisely.” Hodgson, 497 U. S., at 444 (opinion of Stevens, J.); see id., at 450-451, and n. 36 (opinion of the Court) (holding unconstitutional a statute requiring notification of both parents, and observing that “the most common reason” young women did not notify a second parent was that the second parent “was a child- or spouse-batterer, and notification would have provoked further abuse” (citation omitted)).- See also Department of Health and Human Services, Administration on Children, Youth and Families, Child Maltreatment 2003, p. 63 (2005) (parents were the perpetrators in 79.7% of cases of reported abuse or neglect).