Planned Parenthood sues to stop Nevada parental notification law delayed for 40 years

On July 22, a federal district judge lifted an injunction on a 40-year-old Nevada parental notification law, enabling the legislation to go into effect for the very first time. The law requires minors’ parents or guardians to be informed before the minor undergoes an abortion.

But the day before, on July 21, a Planned Parenthood affiliate filed a new lawsuit in an attempt to block the law again.

Key Takeaways:

• A parental notification law has gone into effect in Nevada for the first time since it was passed 40 years ago.

• The law requires notification of a parent or guardian prior to a minor’s abortion, but not consent.

• Planned Parenthood Mar Monte is seeking to have the law blocked again, filing suit against the State of Nevada and its attorney general.

• Planned Parenthood as an organization has a long track record of seeking to end parental involvement laws, often under the guise of causing unnecessary delays for minors seeking abortions.

The Details:

A coalition of rural Nevada district attorneys, supported by pro-life groups like Nevada Right to Life, successfully urged the federal court to lift the injunction on the state’s parental notification law. But on July 21, Planned Parenthood Mar Monte and an unnamed doctor filed a lawsuit against the State of Nevada and its attorney general to block the law (Senate Bill 510) from being enforced. 

Planned Parenthood has claimed that SB510 relies on a “hazy, inadequate” process for minors to secure an exception to the law that violates guarantees of procedural due process and lacks guidance or rules to govern it.

But regardless of the specific provisions of parental notification or consent laws, Planned Parenthood has a documented track record of challenging and seeking to remove them in many states other than Nevada, including Indiana, Massachusetts, and Montana, deeming them obstacles to timely abortion access. 

As far back as 1976, Planned Parenthood contested Missouri’s parental consent law in Planned Parenthood of Central Missouri v. Danforth, which addressed parental involvement provisions.

The Backstory:

The law passed in 1985 but had never been implemented because of Roe v. Wade; it mandates doctors to inform a minor’s parents or guardians before conducting an abortion, but does not require parental consent for the abortion to take place. 

Following the overturn of Roe in 2022, Nevada and other states began enforcing previously dormant laws. 

However, earlier in April this year, a federal judge temporarily blocked the implementation of the law to enable Planned Parenthood to file a motion contesting the law both federally and at the state level, to permit judicial review in the Ninth Circuit Court of Appeals while Planned Parenthood prepared an appeal. Planned Parenthood’s attorneys alleged that the judicial bypass process was vague and could delay abortions, potentially endangering minors.

“It is fundamentally unclear how any patient seeking a judicial bypass order may practically do so across the state of Nevada at this time,” pro-abortion attorneys penned, in remarks cited by the Associated Press. A judicial bypass alludes to a legal process that permits a pregnant minor to obtain an abortion without informing or obtaining consent from her parents.

Nonetheless, the Ninth Circuit refused to suspend the law’s enforcement, and it went into effect.

Commentary:

In a press release, Nevada Right to Life’s Executive Director Melissa Clement reacted to Planned Parenthood Mar Monte’s new lawsuit:

[Planned Parenthood] knew they would lose in the Ninth Circuit Court of Appeals. Now, after the federal injunction was rightfully lifted following Dobbs v. Jackson, they are trying to rewrite history by filing a faulty, last-ditch complaint in state court, this time naming only Attorney General Aaron Ford as the defendant.

… Why oppose parental notification except to protect those who prey on young girls? This is not about healthcare; it is about hiding abuse. Predators have long used abortion to erase evidence of their crimes, and Planned Parenthood’s refusal to involve parents has provided the perfect cover.

Nevada Right to Life urges the courts to reject this dangerous lawsuit and calls on parents to recognize Planned Parenthood’s true agenda: control without accountability, and a reckless disregard for life, families, and the safety of minors.

Attorney James Bopp Jr., who represents the district attorneys that fought to lift the injunction, said Planned Parenthood’s claims about difficulties with abortion access were “phony objections,” adding that he sees the affiliate’s claims as meritless.

The Bottom Line:

The implementation of the law marks a significant step toward ensuring parental involvement in abortion-minded minors’ decisions. By mandating parental notification, the law can help to safeguard vulnerable minors from being exploited by predatory individuals as well as pro-abortion lobbyists, enabling parents to exercise their authority in ensuring their children’s well-being.

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