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

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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.

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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.

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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.

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Power outages impacting Central Montana communities

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Power outages impacting Central Montana communities


GREAT FALLS — The spring storm that whipped across Montana this week brought heavy rain, snow, and powerful winds and disrupted utility service to several communities.

NorthWestern Energy crews are working to repair broken power poles, downed power lines, and other damage from the storms and restore service to customers affected by outages.

The utility company said in a news release that some areas will have extended outages.

Service restoration is estimated to be Thursday, May 9, for the rural White Sulphur Springs area.

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Power outages in the Monarch and Neihart area are expected to extend at least through the weekend.

Additional personnel and equipment are in these areas to assist with work to restore service as quickly and safely as possible.

You can check NorthWestern Energy’s Outage Map for the most up-to-date information on outages.





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Montana's unending search for solutions in need of problems • Daily Montanan

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Montana's unending search for solutions in need of problems • Daily Montanan


How many times in the past, oh say, year or so have you found yourself saying: I wish there was more politics in my life?

For months now, we have been hearing parents call for politics to be taken out of the schools, whether that’s in school library book bans or conversations about who can use what bathrooms when. Politics has permeated churches, schools and even family gatherings — once considered off-limits for politics.

It’s grown to be such a toxic subject that family holiday meetings have turned from awkward to open warfare in some households, and both Democrats and Republicans can agree on one thing: If they don’t get your vote this election cycle, democracy is a goner.

That’s why it’s hard to imagine a more tone-deaf call than the cadre of Montana Freedom Caucus members who have triggered a poll to call state legislators back into session.

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They want to bring all 150 lawmakers back together so that judges running for the state’s nonpartisan judiciary can declare their political parties, meaning that virtually no segment of the Treasure State government will be operating without the color of partisanship.

Not to be outdone, another dozen Republicans on Tuesday — the day after — called for a different special session, this time to deal with immigration and marijuana revenue.

It made us positively dread Wednesday to see what laughable scenario required the urgent attention of a legislative special session.

What Republicans risk, of course, is a painful and frustrating reminder of what isn’t getting done.

No one wants more politics in their life, and especially not at the state court level, which, despite temper tantrums by the Republican leadership in the legislature, continues to demonstrate itself as the adult in state government.

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Keep in mind: A second legislative investigative committee, formed to come to the pre-determined conclusion that something is wrong in Montana courts, had to have what amounted to a day-long remedial civics lesson for some state Republican senators who seemed particularly aggrieved that the courts exist, let alone that they have been given power to review laws. Something about a whole system of checks and balances.

It’s telling that lawmakers who pride themselves on invoking the constitution, wearing flag pins and talking about the Founding Fathers seem to know so little about what those same founders created, including an independent, separate and co-equal judiciary.

At least I credit Senate President Jason Ellsworth, R-Hamilton, for trying to provide a basis for the legislative committee’s inquisition.

Now, lawmakers want to convene to also take what amounts to a third pass at divvying up the proceeds from marijuana tax revenue, with the excuse that the reason they didn’t override Gov. Greg Gianforte’s veto previously was out of deep concern about the separation of powers and judicial overreach.

Leaders expect us to believe that? This was the same group that seemed surprised by the 1803 case of Marbury vs. Madison, which established the concept of judicial review three years before Lewis and Clark came to Montana, 61 years before it became a territory and 86 years before statehood.

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Lawmakers have also tucked the scare tactic of immigration into a call for the special session, after a single homeless immigrant family landed on the doorstep of the Flathead County Sheriff’s Department.

I get it: When Republican governors in other states like Florida and Texas send immigrant families to perceived liberal areas, it’s giving these snowflakes a taste of their own medicine. But when the immigrants arrive here, it’s the impetus for the entire legislature to meet.

Again, who are the snowflakes?

Maybe the most vexing thing is just how horribly out of touch these lawmakers are with what is actually happening in Montana. Few Montanans who aren’t in the Legislature are concerned with the possible partisan leanings of judges. And one homeless family, sadly, is just one more family in need of affordable housing in the Treasure State, regardless of where they came from.

The purpose of a special session isn’t property tax relief. It isn’t the unchecked housing problems run amok. It’s not even to discuss what could be a potentially dangerous fire season.

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Yet, despite the Republican supermajority’s penchant for solving problems that don’t rate very high on a burgeoning list of Montanan concerns, maybe we should nonetheless thank our GOP leaders for reminding us of the large gulf that seems to separate the politicians from the people of Montana.

On Tuesday, school levies, including one for safety in the state’s largest district, largely failed at the ballot box — and failed spectacularly. Erwin Garcia-Velasquez, the superintendent of Billings Public Schools, told The Billings Gazette that it was property-tax fatigue.

Meanwhile, Republicans are worried about political leanings of judicial candidates?

Maybe come back when you have a plan to fix real problems, rather than shadow punching at the judiciary or explaining why counties, most of them Republican, can’t fix roads.

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State, federal & local leaders meet for annual Montana wildfire season briefing

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State, federal & local leaders meet for annual Montana wildfire season briefing


HELENA — Despite a strong storm that brought snow to Helena Wednesday, Montana’s wildfire season isn’t far away. State, federal and local administrators met in Helena to talk about their preparations, in Gov. Greg Gianforte’s annual fire season briefing.

“It’s a great day to have a fire briefing, given the weather outside,” Gianforte joked.

Leaders met at the Montana Department of Natural Resources and Conservation’s fire aviation support hangar at the Helena Regional Airport. There, DNRC maintains firefighting helicopters before they’re sent into the field ahead of the start of the season.

Jonathon Ambarian

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Matt Hall, chief of DNRC’s Fire Protection Bureau, said the department plans to hire just over 100 seasonal firefighters this year. He said they’ll be able to offer an entry-level wage of $19.05 – higher than previous years – because of the new state employee pay plan.

“I know we have a number of open fire jobs still posted today, but anticipate over the course of the next few weeks filling those positions fully with all of our seasonal staffing,” he said.

DNRC also cooperates closely with local firefighters. Hall said they’ve built 14 new wildfire engines this year, and they’re distributing them to agencies in Beaverhead, Blaine, Cascade, Chouteau, Custer, Fergus, Gallatin, Golden Valley, Meagher, Musselshell, Phillips, Powder River, Sweet Grass and Stillwater Counties.

In addition, Hall said DNRC is planning to contract for another “Type 1” helicopter – a heavy helicopter that can carry around 2,000 gallons of water.

“Today we are on track to have firefighting resources ready and available for the 2024 fire year, and we look forward to working with our partners across Montana to increase wildfire readiness, to better serve the citizens of Montana,” he said.

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Forest Service Fire Engine

Jonathon Ambarian

“Partnership” was a key word for all the agencies in attendance Wednesday. Tim Garcia, deputy regional forester for the U.S. Forest Service’s Northern Region, talked about their close cooperation with the state on work like Good Neighbor Authority forest management projects.

“That foundationally is based on and built on the trust and the relationships that we have with our state DNRC partners,” he said. “We encourage and direct our line officers to really make sure that we’re having those people – having everyone – at the table as we go into fire season so that, again, we have that early and often communication.”

Garcia said the USFS is also optimistic they’ll get close to their goals for firefighter staffing this year, despite challenges like the cost of housing.

Leaders said it’s still early to know what kind of fire season Montana could see this year, but they’re prepared.

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“People always say, ‘Well, what’s the fire season going to look like?’ And we oftentimes say, ‘Well, we’ll tell you in October,’” said Adriane Beck, director of Missoula County’s Office of Emergency Management and representative for the Montana County Fire Wardens Association. “I say that with some confidence, in that, whatever this fire season brings, know that your counties are ready. Your county fire wardens are working year-round in coordination with the state.”

Gianforte Fire Briefing

Jonathon Ambarian

Since taking office, Gianforte has repeated two main priorities for the state’s wildfire response: aggressively attacking fires from the early stages to keep them small, and expanding the scale of active forest management work. He reiterated both points Wednesday.

“Together, we can continue to build healthier, more resilient forests, but it will take all of us,” he said.

May is also Wildfire Awareness Month. State leaders encourage residents to take steps to get themselves “fire-ready.” You can find more information at mtfireinfo.org.

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“We can’t stop every wildfire from starting, but we can control our actions and our preparedness,” Gianforte said.





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