Montana v. Planned Parenthood of Montana

Background

A State of Montana law called the Parental Consent for Abortion Act generally requires physicians to obtain consent from parents before performing an abortion on a minor. Planned Parenthood of Montana sued in Montana state court to block enforcement, arguing the law conflicted with Montana’s state constitution. The Montana Supreme Court struck down the parental-consent requirement.

Reasoning

The central question the State asked here was whether a parent’s fundamental right to direct care and custody includes the right to know about and take part in a minor’s medical decisions, including abortion. The State argued the law promoted parents’ rights and cited this Court’s decision in Troxel v. Granville, but did not press a claim that the Montana ruling violated federal parental rights. The Supreme Court denied review, saying the case was a poor vehicle for deciding that question.

Real world impact

Because the Court declined to hear the case, the Montana Supreme Court’s decision striking down the parental-consent law remains the operative ruling for now. The high court’s refusal to take the case means it did not settle whether parents have a federal constitutional right to be informed about or participate in a minor’s abortion decisions. As Justice Alito warned, the denial should not be read as rejecting the legal argument the State presented.

Dissents or concurrances

Justice Alito issued a statement respecting the denial, joined by Justice Thomas, explaining that the way the case was litigated made it a poor vehicle and asking that the denial not be seen as a rejection of the merits question.