INEPTOCRACY CHRONICLES – Supreme Court declines to hear appeal in parental consent abortion dispute
No state should take away a parent’s right to decide life-changing issues for their minor children. Montana’s abortion protections remain in effect. This state legislature needs a reality check.
BY Benjamin Clark | July 5, 2025 |
The U.S. Supreme Court just slammed the door on Montana’s attempt to resurrect a law that would’ve forced minors to get parental permission for abortions. Montana officials thought they could sneak this one past, but the court wasn’t having it. The decision not to hear an appeal in the controversy keeps the state’s abortion protections, even for minors, firmly in place, as NBC News reports.
The Supreme Court on Thursday declined to hear the appeal from Montana officials seeking to revive the 2013 law requiring parental consent for minors’ abortions.
This law, which never saw the light of day due to constant legal battles, was struck down by the Montana Supreme Court in 2024.
Back in 2013, Montana passed a law demanding that minors get a parent’s sign-off before accessing abortion services. The law included a judicial waiver option for certain cases, but it never took effect as lawsuits piled up faster than snow in a Montana winter.
By 2024, the state’s highest court ruled it violated Montana’s constitution, which has long safeguarded abortion rights.
Montana’s abortion protections remain
The Montana Supreme Court didn’t mince words, declaring a minor’s right to make reproductive choices as “among the most fundamental.” That’s a bold claim, elevating a teenager’s autonomy over a parent’s role in life-altering decisions. It’s a stance that makes Montana an outlier among red states, where such laws are often par for the course.
Montana officials, waving the flag of parental rights, argued the law was rooted in the U.S. Constitution’s 14th Amendment. They insisted parents should have a say in their kids’ health care decisions, especially on something as serious as abortion. The Supreme Court’s refusal to engage suggests they didn’t see a federal issue worth tackling.
Justice Samuel Alito, joined by Justice Clarence Thomas, agreed with the court’s decision but called the case a “poor vehicle” for resolving broader issues.
A poor vehicle? That’s a polite way of saying this case was a legal dead-end, unlikely to clarify the messy clash between state and federal powers.
Parental rights vs. minors’ autonomy
Montana’s state constitution has been a fortress for abortion rights, long before the U.S. Supreme Court overturned Roe v. Wade in 2022. Unlike many Republican-led states, Montana’s kept abortion widely available, even for minors, without requiring parental involvement. This latest ruling doubles down on that framework, leaving conservative parents in the cold.
In 2024, Montana voters made their voices heard, approving a ballot initiative that cemented abortion protections. This wasn’t just a court decision -- it was a public mandate. The state’s progressive streak on this issue stands in stark contrast to its conservative neighbors.
The 2013 law’s judicial waiver provision was a small nod to flexibility, allowing minors to bypass parental consent in specific cases. But even that couldn’t save it from the Montana Supreme Court’s constitutional guillotine. The state’s judges saw it as a direct attack on minors’ rights, no matter the exceptions.
Missed opportunity for conservatives?
Montana officials leaned hard on the argument that parents have a constitutional right to guide their children’s medical choices. It’s a compelling point -- most parents would bristle at the idea of their teen making such a decision solo. Yet the Supreme Court’s passivity here leaves that argument hanging, unresolved.
The Montana Supreme Court’s ruling hinges on the idea that minors have near-absolute control over their reproductive decisions. “Fundamental” rights for teens sound noble, but it sidesteps the chaos of bypassing family input on irreversible choices. It’s a judicial overreach that feels more woke than wise.
Alito’s “poor vehicle” quip is a subtle dig at the case’s weak footing, but it also hints at bigger battles ahead. The Supreme Court might be biding its time for a cleaner case to tackle parental rights versus minors’ autonomy. For now, Montana’s law stays dead.
Montana’s abortion landscape under microscope
While the 2022 Roe v. Wade reversal unleashed a wave of restrictions in red states, Montana held firm as a haven for abortion access. The state’s constitution, bolstered by voter support, keeps it a blue dot in a sea of red. This ruling only entrenches that reality, for better or worse.
Conservatives might see this as a missed chance to empower parents, but the decision respects Montana’s state-level authority. It’s a bitter pill for those who believe families, not courts, should navigate these waters. Still, the fight over parental rights isn’t over -- it’s just waiting for a better “vehicle.”
The Supreme Court’s hands-off approach leaves Montana’s abortion protections, including for minors, untouched. For now, the state’s teens can make these choices without parental consent, a policy that sparks both relief and unease. As the culture wars rage on, Montana remains a battleground where progressive ideals hold surprising sway.
Supreme Court declines to hear appeal in parental consent abortion dispute - Christian News Alerts
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