Supreme Court declines to revive Montana law that would require parental consent for minors to obtain abortions

WASHINGTON — The Supreme Court on Thursday turned away an appeal brought by Montana officials seeking to revive a state law that requires minors seeking abortions to obtain the consent of their parents.

The state argued that the measure, which was enacted in 2013 but never went into effect because of litigation, should be upheld based on the right of parents to decide on health care decisions involving their children.

The Montana Supreme Court struck down the law last year, saying it violated the state constitution, including a provision that protects the rights of minors.

Conservative Justice Samuel Alito wrote a statement agreeing with the decision not to hear the case, saying it was a “poor vehicle” but expressing some support for the underlying legal arguments.

His statement was joined by fellow conservative Justice Clarence Thomas.

In asking the U.S. Supreme Court to weigh in, Montana officials said the state high court’s ruling was inconsistent with the right of parents to oversee the care of their children, which has been recognized under the U.S. Constitution’s 14th Amendment.

The law requires any minor seeking an abortion to obtain parental consent or a waiver that can be sought from a judge in certain circumstances.

The state court ruled that “a minor’s right to control her reproductive decisions is among the most fundamental of the rights she possesses” and the state had failed to show how its own interests overcame those protections.

Montana is an outlier among Republican-led states in that abortion remains widely available despite the Supreme Court’s 2022 ruling that overturned abortion rights landmark Roe v. Wade.

The Montana Supreme Court has long recognized a right to abortion under the state constitution and in 2024, voters also approved a ballot initiative that protects the right to abortion.