Montana

Decade-long legal challenge to abortion consent law reaches Montana Supreme Court

Published

2 years ago

March 7, 2024

Decade-long legal challenge to abortion consent law reaches Montana Supreme Court

HELENA — On Wednesday, the Montana Supreme Court heard arguments in a decade-long case, challenging a law that would require parental consent before a minor could get an abortion.

In 2013, the Montana Legislature passed House Bill 391, which prohibited anyone under 18 from getting an abortion without notarized written consent from their parent or legal guardian. Exceptions would be allowed in a medical emergency or if a minor successfully petitioned a court to waive the requirement.

The bill became law without the signature of then-Gov. Steve Bullock, but it never went into effect, as Planned Parenthood of Montana sued over it and the office of then-Attorney General Tim Fox accepted a preliminary injunction. Over the following years, the case passed through several district court judges, eventually ending up with District Judge Chris Abbott of Helena. Last year, he ruled the law was invalid because it infringed on the right to privacy in the Montana Constitution.

Attorney General Austin Knudsen’s office appealed Abbott’s decision, saying he used the wrong standard when judging the law. Abbott applied “strict scrutiny,” meaning the state had to show a compelling interest to justify the law and that it was narrowly tailored to achieve its goal.

Deputy solicitor general Brent Mead told justices Wednesday that the law should be analyzed differently because the Montana Constitution grants the state more authority to make laws that affect the rights of people under the age of 18. He said that means the Armstrong decision – the 1999 Montana Supreme Court ruling that said abortion was covered under the state constitution’s right of privacy – doesn’t apply in full here.

“Under Article 2, Section 15, a minor’s rights can be infringed if the law is designed to protect them,” said Mead. “And so in this case, the full Article 2, Section 10 – the right to privacy – doesn’t attach because the law is designed to protect them in that protected interest.”

Mead said the court should instead balance the individual rights of the minor with the rights of their parents and the state’s legitimate interest in protecting minors.

Justices questioned Mead on why strict scrutiny should not apply in this case, and whether the consent requirement was the least restrictive method possible, given an earlier law that only required a parent be notified – which also faced a lawsuit. Mead said the law was intended to resolve a loophole in the parental notification law and the two shouldn’t be directly contrasted.

Attorneys representing Planned Parenthood said Wednesday that Abbott did use the proper standard when deciding the case. They said, under strict scrutiny, the state would have to point to a legitimate health or safety risk to justify the law as a protection for minors, and they hadn’t done so.

Attorney Tanis Holm said the parental consent requirement would apply only to abortion, not to a variety of other procedures.

“Whatever interest the state has in promoting parental authority must be exercised neutrally, not as to favor childbirth over abortion, and certainly not to step in the shoes of parents to regulate the family relationship,” she said. “That is what the state is doing here.”

In questioning Holm, Justice Laurie McKinnon said that the court’s decision in a case last year had established a precedent that abortions are generally safe.

As is typical, the court took no immediate action after Wednesday’s arguments. Justice Beth Baker presided over the hearing in place of Chief Justice Mike McGrath, who recused himself from the case. Baker said the court would release their decision in due course.

This isn’t the only abortion-related case the Supreme Court is considering right now. They’ve also received an appeal, challenging a ruling from Knudsen’s office that blocked a ballot measure that would specifically protect access to abortion in the Montana Constitution. The office said the proposed amendment violated Montana’s requirement that unrelated constitutional changes be voted on separately.

Source link

Click to comment

Montana

March 5 recap: Missoula and Western Montana news you may have missed today

Published

8 hours ago

March 6, 2026

Press Room

March 5 recap: Missoula and Western Montana news you may have missed today

State

Zip Code

Country

Source link

Montana

Montana GOP won’t endorse in federal races this cycle • Daily Montanan

Published

21 hours ago

March 5, 2026

Press Room

Montana GOP won’t endorse in federal races this cycle • Daily Montanan

Although newly minted GOP candidates for the U.S. House and U.S. Senate have garnered heavyweight endorsements, the Montana Republican Party said Thursday it won’t throw its support behind any candidates for federal office in the primary.

“The Montana Republican Party (MTGOP) stands behind its deep bench of qualified candidates seeking to represent Montanans and supports a competitive primary process to let voters pick their preferred candidates,” the Montana GOP said in a news release Thursday.

Monday, U.S. Rep. Ryan Zinke announced he was retiring due to health concerns once his term ends, and he immediately tapped talk-show host Aaron Flint as his preferred successor in Congress.

Secretary of State Christi Jacobsen and Flathead County Republican Central Committee Chairperson Al Olszewski also filed for the U.S. House as Republicans, as did Ray Curtis of Bonner.

Wednesday, U.S. Sen. Steve Daines withdrew, and in a statement the same night, announced an endorsement of former U.S. Attorney Kurt Alme, who had filed the same day.

In the Senate, Lee Calhoun and Charles Walking Child also filed to run in the Republican primary.

Endorsements for Flint and Alme cascaded. U.S. President Donald Trump endorsed both candidates, and U.S. Sen. Tim Sheehy and Gov. Greg Gianforte threw their weight behind Flint and Alme.

Late on Wednesday, the Montana GOP did not immediately have comment on the news Daines, Montana’s senior U.S. senator, had resigned, but Thursday, the party thanked Zinke and Daines for their service.

A news release said the party would not endorse any candidates in the federal primary and would leave the job in the hands of voters.

“The party hopes every candidate will make their case to the public, contrasting their Republican policies and principles with those of Democrats — as well as phony ‘Independents,’” the news release said.

Former University of Montana President Seth Bodnar announced a run for the U.S. Senate as an independent this week.

A tension within the Republican party has emerged in recent years between hardline conservatives and more moderate members, and some legislative primaries illustrate the split.

This week, the state GOP said the number of primaries for state legislative seats shows a high interest from Montanans who want to serve the state and pass Republican policy, and the MTGOP “is glad to see so many Republicans being called to public service.”

In a brief call, MTGOP spokesperson Ethan Holmes said the party had not ruled out endorsements in legislative primaries.

In the news release, however, the MTGOP offered its view of the larger political debate.

“Montana voters know that beyond the primaries, there is a clear choice between Republican and Democratic governance; one path leads to lower taxes, less crime and stronger families, and the other leads to higher taxes, more crime, and social decay,” MTGOP Chairperson Art Wittich said in a statement.

The news release also said the state GOP is working “tirelessly to deliver a Bright Red Future” at both the state and federal level and looks forward to help candidates whom voters select win in November.

Source link

Montana

Montana Lottery Powerball, Lotto America results for March 4, 2026

Published

1 day ago

March 5, 2026

Press Room

The Montana Lottery offers multiple draw games for those aiming to win big.

Here’s a look at March 4, 2026, results for each game:

Winning Powerball numbers from March 4 drawing

07-14-42-47-56, Powerball: 06, Power Play: 4

Check Powerball payouts and previous drawings here.

Winning Lotto America numbers from March 4 drawing

33-38-39-47-51, Star Ball: 07, ASB: 02

Check Lotto America payouts and previous drawings here.

Winning Big Sky Bonus numbers from March 4 drawing

01-07-08-27, Bonus: 12

Check Big Sky Bonus payouts and previous drawings here.

Winning Powerball Double Play numbers from March 4 drawing

05-10-26-53-59, Powerball: 06

Check Powerball Double Play payouts and previous drawings here.

Winning Montana Cash numbers from March 4 drawing

03-04-06-08-10

Check Montana Cash payouts and previous drawings here.

Winning Millionaire for Life numbers from March 4 drawing

12-13-36-39-58, Bonus: 03

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Montana Lottery drawings held?

Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Mega Millions: 9 p.m. MT on Tuesday and Friday.
Lucky For Life: 8:38 p.m. MT daily.
Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
Big Sky Bonus: 7:30 p.m. MT daily.
Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Montana Cash: 8 p.m. MT on Wednesday and Saturday.
Millionaire for Life: 9:15 p.m. MT daily.

Missed a draw? Peek at the past week’s winning numbers.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.

Source link