Summary
The United States Supreme Court denied a petition for a writ of certiorari reviewing the Montana Supreme Court's decision to strike down the state's Parental Consent for Abortion Act. In a statement respecting the denial, Justice Alito noted that the litigation history made this case an inadequate vehicle for resolving whether federal parental rights encompass a right to participate in a minor's abortion decisions. The Court clarified that denying review should not be construed as rejecting the substantive constitutional arguments raised in the petition.
Topics
Practice areas
Questions Presented
- Whether a parent’s fundamental right to direct the care and custody of his or her children includes a right to know and participate in a minor’s decision to seek an abortion.
Holdings
- The denial of certiorari does not constitute a rejection of the argument presented to this Court.
Key quotations
“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.” (at 1)
Factual background
Montana’s Parental Consent for Abortion Act required physicians to obtain parental consent before performing an abortion on a minor. Planned Parenthood sued in state court to enjoin enforcement, asserting a conflict with the Montana Constitution.
Procedural history
The Montana Supreme Court struck down the parental‑consent statute; the State of Montana then petitioned this Court for a writ of certiorari, which was denied.