On Thursday, the Supreme Court declined to consider an appeal from Montana officials aimed at reinstating a law mandating parental consent for minors seeking abortions. This law, enacted in 2013 but never implemented due to legal challenges, was upheld by state officials as essential for maintaining parental authority over children’s health care decisions.
The Montana Supreme Court invalidated the law last year, ruling it unconstitutional and violating protections for minors enshrined in the state constitution. Conservative Justice Samuel Alito acknowledged the Court’s decision not to examine the case, describing it as a “poor vehicle,” yet he voiced some endorsement for the legal arguments presented. His sentiments were echoed by fellow conservative Justice Clarence Thomas.
Montana officials argued that the state high court’s ruling contradicted the 14th Amendment’s endorsement of parental rights regarding their children’s care. The legislation in question would require minors to secure parental consent to undergo an abortion or seek a judicial waiver under specific circumstances.
The state court concluded that a minor’s authority over her reproductive choices ranks among her most fundamental rights, emphasizing that the state had not sufficiently demonstrated how its interests could outweigh these protections.
Notably, Montana stands apart from many Republican-led states where abortion access has been curtailed following the Supreme Court’s 2022 decision that overturned Roe v. Wade. The Montana Supreme Court has historically maintained a right to abortion in accordance with the state constitution, and voters reaffirmed this stance by passing a ballot initiative in 2024 that safeguards abortion rights.
