Washington, D.C. — The U.S. Supreme Court on Thursday declined to hear an appeal from Montana state officials who sought to reinstate a 2013 law requiring parental consent for minors seeking abortions—a measure that never went into effect due to ongoing legal battles.
The Montana Supreme Court struck down the law in 2023, ruling that it violated the state constitution, particularly provisions protecting the rights of minors.
The U.S. Supreme Court’s rejection effectively ends the legal fight, keeping abortion access intact for minors in the state.
The Legal Battle at a Glance
Montana’s law would have required:
- Parental consent for any minor seeking an abortion
- A judicial bypass option in certain cases
Montana officials argued that parents have a constitutional right to make healthcare decisions for their children, citing the 14th Amendment of the U.S. Constitution.
However, the Montana Supreme Court disagreed, stating:
“A minor’s right to control her reproductive decisions is among the most fundamental of the rights she possesses.”
The justices concluded that the state failed to prove its interests outweighed those of the minor.
Alito and Thomas Comment—but Court Still Declines
While the U.S. Supreme Court rejected the case, Justice Samuel Alito, joined by Justice Clarence Thomas, issued a statement saying the case was a “poor vehicle” for addressing the broader legal issue. However, Alito expressed some support for the state’s arguments about parental rights.
Read Also: With Dexter’s Law in Effect, FLPD Highlights New Animal Protection Team
Abortion Rights Remain Protected in Montana
Despite being a Republican-led state, abortion remains legal and widely accessible in Montana—a unique position following the Supreme Court’s 2022 reversal of Roe v. Wade.
Montana’s state constitution has long recognized abortion rights, and in 2024, voters doubled down by approving a ballot initiative protecting reproductive freedom.
What do you think—should minors need parental consent for abortions, or do reproductive rights outweigh that requirement? Join the discussion in the comments below.
Stay updated on state and national rulings at ridgecrestpact.org.
