Nova Health Systems v. Gandy, No. 02-5094 (10th Cir. Nov. 3, 2004)
The Tenth Circuit Court of Appeals ruled that an abortion provider did not
have standing to challenge an Oklahoma statute that imposed liability on abortion
providers for the cost of medical care to treat injuries suffered during procedures
that are performed without parental consent. The abortion provider claimed
that the statute caused it to turn away minors who, for various reasons, could
not obtain parental consent. The court of appeals ruled that, as of the enactment
of the statute, the abortion provider did not face a concrete, actual or imminent
injury that was caused by the defendants and a favorable judicial order would
not redress its injury. The court found that there was no concrete evidence
that, but for the defendants' actions, the abortion provider's propensity to
lose minor patients would be different. Also, there was evidence that the abortion
provider stopped performing abortions absent parental consent prior to the
enactment of the statute and not due to any actions of the public officials
being sued.