US Supreme Court Declines Montana Abortion Parental Consent Appeal

The U.S. Supreme Court declined to review a Montana case seeking to reinstate a 2013 law requiring parental consent for minors to obtain abortions, leaving in place the Montana Supreme Court’s 2024 ruling that struck down the law as unconstitutional. Montana Attorney General Austin Knudsen argued that parents have a fundamental right under the 14th Amendment to direct their minor children's medical care, including abortion decisions. However, the Supreme Court, through a technicality-based denial authored by Justices Alito and Thomas, emphasized that the case was a poor vehicle to decide the broader issue of parental rights, leaving open the possibility of hearing a similar case in the future. The Montana Supreme Court had ruled that a minor's right to reproductive privacy is fundamental and protected by the state constitution, which also enshrines abortion rights, a stance supported by Planned Parenthood. The parental consent law would have required notarized parental consent or judicial bypass for minors seeking abortions, similar to laws in over two dozen other states, though such laws have faced legal challenges elsewhere. The decision highlights ongoing national tensions between parental rights advocacy and minors’ reproductive rights in states with constitutional protections for abortion.