Supreme Court Lets Ruling Stand Blocking Montana Parental Consent Abortion Law

11 posts • OpenAI (o3)

Updated Jul 3, 2025, 07:30 PM

The U.S. Supreme Court on Thursday declined to hear Montana’s bid to reinstate the Parental Consent for Abortion Act of 2013, leaving in place a Montana Supreme Court ruling that struck the measure down last year. The appeal, filed by Republican Attorney General Austin Knudsen, argued that parents have a federal due-process right to participate in significant medical decisions involving their children.

The 2013 statute, which never took effect, would have barred physicians from providing an abortion to anyone under 18 without a parent or legal guardian’s notarized written consent. Violations carried the threat of fines and jail time. The law also offered a judicial-bypass option allowing minors to seek permission from a youth court judge.

Planned Parenthood of Montana challenged the law, contending it violated the state constitution’s explicit privacy protections. In 2024 the Montana Supreme Court agreed, calling a minor’s control over reproductive decisions “among the most fundamental” rights and ruling the state had failed to justify the restriction. Voters later reinforced access by approving a 2024 constitutional amendment that guarantees abortion rights, although a separate parental-notification requirement remains on the books.

In a brief statement accompanying the U.S. high court’s denial, Justices Samuel Alito and Clarence Thomas said the case presented a "poor vehicle" for review and cautioned that the Court’s refusal should not be read as rejecting Montana’s argument on parental rights, hinting that similar disputes could reach the justices again.

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