Supreme Court of the United States · Official docket →
Montana, et al. v. Planned Parenthood of Montana, et al.
Paid petition · Supreme Court of Montana, No. 23-0272 · judgment August 14, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Montana’s Parental Consent for Abortion Act of 2013 requires physicians to obtain notarized written consent from a parent or guardian before performing an abortion for a minor. To comply with this Court’s pre-Dobbs cases addressing parental rights and a minor’s right to an abortion, the Consent Act included a judicial bypass procedure allowing minors to seek an abortion without their parents’ consent. Yet the Montana Supreme Court held that the Consent Act violates a minor’s fundamental right to privacy because it conditions a minor’s abortion access on parental consent. While the court recognized that parents have a fundamental right to direct the care and custody of their children, it held that this right is superseded by a minor’s right to obtain an abortion. The question presented is: 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 decisions concerning their minor child’s medical care, including a minor’s decision to seek an abortion.
Counsel of record
For petitioner
Christian Brian Corrigan
Montana Department of Justice
For respondent
Jaime Ann Santos
Goodwin Procter LLP
Argument & decision
Decided July 3, 2025.
Proceedings
- Jul 03 2025Petition DENIED. Statement of Justice Alito, with whom Justice Thomas joins, respecting the denial of certiorari. (Detached Opinion)
- Jun 23 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 17 2025Rescheduled.
- Jun 05 2025Reply of petitioners Montana, et al. filed. (Distributed)
- Jun 03 2025DISTRIBUTED for Conference of 6/18/2025.
- May 30 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
- May 30 2025Brief of respondents Planned Parenthood of Montana, et al. in opposition filed. (Distributed)
- May 28 2025Letter updating counsel of record information for petitioners received.
- Apr 23 2025Motion to extend the time to file a response is granted and the time is further extended to and including May 30, 2025.
- Apr 21 2025Motion to extend the time to file a response from April 30, 2025 to May 30, 2025, submitted to The Clerk.
- Mar 31 2025Brief amicus curiae of Americans United for Life filed.
- Mar 31 2025Brief amici curiae of Governor Greg Gianforte filed.
- Mar 31 2025Brief amici curiae of Advancing American Freedom, et al. filed.
- Mar 31 2025Brief amicus curiae of Heartbeat International, Inc. filed.
- Mar 31 2025Brief amici curiae of Florida, et al. filed.
- Mar 24 2025Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2025.
- Mar 18 2025Motion to extend the time to file a response from March 31, 2025 to April 30, 2025, submitted to The Clerk.
- Feb 28 2025Response Requested. (Due March 31, 2025)
- Feb 19 2025DISTRIBUTED for Conference of 3/7/2025.
- Feb 06 2025Waiver of right of respondent Planned Parenthood of Montana, et al. to respond filed.
- Jan 10 2025Petition for a writ of certiorari filed. (Response due February 13, 2025)
- Nov 01 2024Application (24A438) granted by Justice Kagan extending the time to file until January 11, 2025.
- Oct 29 2024Application (24A438) to extend the time to file a petition for a writ of certiorari from November 12, 2024 to January 11, 2025, submitted to Justice Kagan.