Montana
Montana Supreme Court overturns 2013 abortion consent law
HELENA — After a legal challenge that stretched out for over a decade, the Montana Supreme Court has invalidated a state law that would have required parental consent before a minor could get an abortion.
All seven justices ruled Wednesday that the law infringed on the right of privacy under the Montana Constitution, and that the state had not shown enough evidence to justify it as enhancing protections for minors.
“We also acknowledge that the State has a substantial interest in preserving the family, protecting minors, and protecting the rights of parents to raise their children,” wrote Justice Laurie McKinnon. “However, when weighed against the right of a minor to make the most intimate and personal decision of whether to carry a child to term, the interests expressed by the State must be furthered by and substantially related to the legislation itself, and the legislation must be narrowly tailored to meet only those legitimate legislative goals.”
The court heard oral arguments on this case in March, almost 11 years after the challenge was initially filed.
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.
Attorney General Austin Knudsen’s office appealed the decision, saying Abbott had used the wrong standard when reviewing the law. State attorneys argued the Montana Constitution grants more authority to make laws that affect the rights of people under the age of 18, so the Armstrong decision – the 1999 Montana Supreme Court ruling that said abortion was covered under the state constitution’s right of privacy – didn’t apply in full here.
Attorneys for Planned Parenthood argued the state couldn’t point to a legitimate health or safety risk to justify the law, and that they weren’t applying their interests neutrally because the consent requirement would only apply to abortion, not to other procedures.
In her majority opinion, McKinnon echoed those points. She noted that the court has concluded in cases as recently as last year that abortion is safe and presents minimal health risks. She said the state hadn’t demonstrated requiring parental consent would protect minors from sexual abuse, physical and mental health impacts or immature decision-making.
McKinnon also said applying the consent requirement to minors wanting to get an abortion but not those wanting to continue a pregnancy discriminates against those choosing abortion.
McKinnon’s opinion was joined by Justices Jim Shea, Ingrid Gustafson, Dirk Sandefur and Beth Baker, as well as District Judge Elizabeth Best, who heard the case in place of Chief Justice Mike McGrath after he recused himself.
Justice Jim Rice wrote a concurring opinion. He agreed the consent requirement infringed on the right to privacy and should be found unconstitutional on that basis. He disagreed with McKinnon’s finding that there was an equal protection issue based on whether a minor chooses to get an abortion or continue their pregnancy, but said there was different treatment of those seeking an abortion based on whether or not they were under 18, and that the law still wasn’t narrowly tailored enough to satisfy the state’s interests in that case.
Rice also criticized what he called “the judiciary’s failure to address this case in a timely fashion.”
“While perhaps no single individual or court bears all the blame, the public’s confidence in the judiciary rests on the expectation that the courts will faithfully execute judicial duties,” he wrote. “The public deserves better than what occurred in this case, and courts must do better.”
Click here to read the full court ruling.
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Montana
Montana Gov. raked in more than $23 million in income over four years
![Montana Gov. raked in more than million in income over four years Montana Gov. raked in more than million in income over four years](https://fortune.com/img-assets/wp-content/uploads/2024/08/GettyImages-2165595641-e1723630472910.jpg?resize=1200,600)
Montana Republican Gov. Greg Gianforte reported more than $23 million in income over four years ending in 2022, as the former technology executive who is seeking reelection to a second term continues to rake in money from investments, according to tax records released by his campaign.
Democrat Ryan Busse, a former firearms industry executive, is challenging Gianforte in November.
Gianforte spent more than $6 million of his own money on a failed bid for governor in 2016. After getting elected to Congress in a 2017 special election, he ran for governor again four years ago and spent more than $7.5 million defeating Democrat Mike Cooney by a wide margin, according to campaign finance reports.
So far this election cycle, he has contributed roughly $47,000 to his campaign, the reports show.
Most of Gianforte’s income since 2019 came from profits on investments, his tax returns indicate. He is paid about $120,000 a year for being governor.
Spokesperson Anna Marian Block said Gianforte was keeping a “commitment to transparency” with Montana residents by releasing his returns.
Since 2005 Gianforte has reported income of more than $265 million, according to previous disclosures. The bulk of that money came after Oracle Corp. bought Gianforte’s Bozeman-based company, RightNow Technologies, for $1.8 billion.
Democrats and Gianforte’s Republican primary opponents sought unsuccessfully in 2020 to turn Gianforte’s huge wealth into a liability, saying he wanted to buy the election.
Busse’s campaign declined to release his tax returns.
Montana
Montana Gov. Gianforte continues to rake in outside income as he seeks a second term
![Montana Gov. Gianforte continues to rake in outside income as he seeks a second term Montana Gov. Gianforte continues to rake in outside income as he seeks a second term](https://s.abcnews.com/images/US/abc_news_default_2000x2000_update_16x9_992.jpg)
BILLINGS, Mont. — Montana Republican Gov. Greg Gianforte reported more than $23 million in income over four years ending in 2022, as the former technology executive who is seeking reelection to a second term continues to rake in money from investments, according to tax records released by his campaign.
Democrat Ryan Busse, a former firearms industry executive, is challenging Gianforte in November.
Gianforte spent more than $6 million of his own money on a failed bid for governor in 2016. After getting elected to Congress in a 2017 special election, he ran for governor again four years ago and spent more than $7.5 million defeating Democrat Mike Cooney by a wide margin, according to campaign finance reports.
So far this election cycle, he has contributed roughly $47,000 to his campaign, the reports show.
Most of Gianforte’s income since 2019 came from profits on investments, his tax returns indicate. He is paid about $120,000 a year for being governor.
Spokesperson Anna Marian Block said Gianforte was keeping a “commitment to transparency” with Montana residents by releasing his returns.
Since 2005 Gianforte has reported income of more than $265 million, according to previous disclosures. The bulk of that money came after Oracle Corp. bought Gianforte’s Bozeman-based company, RightNow Technologies, for $1.8 billion.
Democrats and Gianforte’s Republican primary opponents sought unsuccessfully in 2020 to turn Gianforte’s huge wealth into a liability, saying he wanted to buy the election.
Busse’s campaign declined to release his tax returns.
Montana
Child hospitalized after bear attacked her tent in Montana
![Child hospitalized after bear attacked her tent in Montana Child hospitalized after bear attacked her tent in Montana](https://media-cldnry.s-nbcnews.com/image/upload/t_social_share_1200x630_center,f_auto,q_auto:best/rockcms/2024-08/black-bear-montana-yellowstone-today-sk-240513-976c9a.jpg)
A black bear attacked a child inside a tent in Montana on Aug. 11, according to state wildlife officials.
In a statement released on Aug. 13, Montana Fish, Wildlife & Parks said the attack happened at a private campground south of Red Lodge, a city about an hour southwest of Billings.
Wildlife officials said they found “unsecured attractants, including garbage, a cooler, and human food, around and inside the tent where the attack occurred.”
NBC Montana reported the child was a 3-year-old girl, though Montana Fish, Wildlife & Parks declined to confirm the victim’s age and gender to TODAY.com on Aug. 13.
The child was taken to a nearby hospital, officials said.
Game wardens and bear specialists from Montana Fish, Wildlife & Parks set a trap at the campsite on Sunday evening and worked with the campground owner to evacuate the campground by the morning of Aug. 12, according to Montana Fish, Wildlife & Parks. After the campground was fully evacuated, they set up more traps and snares.
“The bear was captured on the afternoon of Aug. 12, and was shot and killed,” according to the statement from wildlife officials. “The black bear involved in the incident had no history of conflicts. However, the bear had likely become food-conditioned and human-habituated after accessing unsecured attractants in the area.”
“Evidence at the site matched the physical characteristics of the bear and FWP believes the bear killed was the bear involved in the attack.”
Why wild bears frequent human campgrounds
When a wild bear discovers it can eat out of a garbage can or cooler at a campsite, wildlife officials call that becoming habitualized. The bears often stop searching for acorns and other mast (the fruits and nuts of trees and shrubs) and instead go for the easier targets like campground garbage bins and open dumpsters.
A 2019 GPS tracker study of black bears in the Great Smoky Mountain National Park in Tennessee found that nearly all black bears left the safe confines of the park to go into nearby cities.
“The food-conditioned bears had the smallest home-ranges. Because they locked in on trash and other human sources of food, they didn’t have to travel as far,” study author Jessica Braunstein told Knoxville, Tennessee NBC affiliate WBIR.
Staying ‘bear aware’ in bear country
When venturing out into bear country, people should do their best to avoid encountering them, officials said in a release.
Montana Fish, Wildlife & Parks offers the following suggestions:
- Keep food and anything with a scent out of tents.
- Dispose of garbage in bear resistant bins; otherwise, take it with you and dispose of it properly elsewhere. Do not bury or burn garbage.
- Follow local land management agency food storage orders and properly store unattended food and anything else with a scent.
Some food storage options include bear boxes (large metal storage boxes often available at campgrounds) or hard-sided vehicles like a car or RV, though officials say not to leave food in your car for extended periods of time (like a backcountry trip for several days). Montana Fish, Wildlife & Parks also suggests investing in a personal IGBC-certified bear resistant container or getting temporary electric fencing.
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