US Supreme Court declines to hear Montana parental consent case

The Supreme Court of the United States (SCOTUS) has declined to take up a case regarding a Montana law requiring parental consent for abortion.

Key Takeaways:

• In 2024, the Montana Supreme Court ruled that minors do not need parental consent to receive an abortion.

• Montana Attorney General Austin Knudsen then asked SCOTUS to hear the case.

• SCOTUS has refused, saying the particular case was a “poor vehicle” for determining the scope of parental rights.

The Details:

In August 2024, the Montana Supreme Court struck down a state law requiring minors to receive parental consent before obtaining an abortion, with justices controversially stating that “a minor’s right to control her reproductive decisions is among the most fundamental of the rights she possesses.”

In response, Montana Attorney General Austin Knudsen filed a petition in January 2025, asking SCOTUS to hear Montana v. Planned Parenthood of Montana.

“Parents’ authority extends to decisions about medical care,” Knudsen’s petition stated. “Because parents are presumed to act in their child’s best interest, the state may not ‘inject itself into the private realm of the family [and] question the ability of that parent to make the best decisions concerning the rearing of [their] children’ unless it has a reason to believe the parent is unfit.”

Five amicus briefs, from pro-life groups, organizations, and a coalition of 18 states, were later filed in support of Knudsen’s request.

In its Thursday decision, SCOTUS declined to take up the case. In their ruling, Justices Clarence Thomas, Samuel Alito and Neil Gorsuch cited technical reasons for refusing the request, saying the case “provides a poor vehicle for deciding that question [of parental rights]. It is therefore especially important that the denial of review is not read by interested parties or other courts as a rejection of the argument that the petition asks us to decide.”

The justices said they would be open to considering another case regarding parental rights in the future.

The Bottom Line:

Emilee Cantrell, a spokesperson for Knudsen, said that while the attorney general is disappointed, he is not done fighting the battle for parental rights.

“As Justices Thomas and Alito made clear today, this issue has not been settled by the courts and the legal battle is far from over,” Cantrell said. “Attorney General Knudsen will not waver in his support of parents’ longstanding and fundamental right to direct the care and upbringing of their children.”

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