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Supreme Court Refuses to Revive Montana Parental Consent Abortion Law

The ruling preserves a 2024 state court decision blocking the law under Montana’s constitutional privacy protections.

A general view of the U.S. Supreme Court building in Washington, U.S., June 1, 2024. REUTERS/Will Dunham/File Photo
FILE - The Supreme Court is seen on Capitol Hill, Feb. 27, 2025, in Washington. (AP Photo/Rod Lamkey, Jr.)
Supreme Court Associate Justices Samuel Alito and Clarence Thomas.

Overview

  • The Supreme Court declined to hear Montana’s appeal on July 3, preventing enforcement of the parental consent requirement for minors seeking abortions.
  • Enacted in 2013, the law would have mandated notarized parental consent or a youth court waiver before a minor could obtain an abortion.
  • A 2024 Montana Supreme Court decision found the measure violated the state constitution’s privacy clause, affirming minors’ rights to reproductive autonomy.
  • Justices Samuel Alito and Clarence Thomas issued a concurrence calling the case a “poor vehicle” while warning their refusal does not reject federal parental rights arguments.
  • Montana remains unique among Republican-led states after a 2024 voter-approved amendment guaranteed abortion rights under its constitution.