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Planned Parenthood of Montana v. State

Planned Parenthood of Montana v. State

Challenge to two Montana laws, the Parental Notice of Abortion Act of 2011 and the Parental Consent for Abortion Act of 2013. The 2011 act, which was approved through a ballot measure in 2012, requires minors under the age of 16 to notify a parent or legal guardian about her decision to obtain an abortion, unless there is a medical emergency or the minor obtains a court order waiving the requirement. The 2013 law would repeal the Parental Notice of Abortion Act of 2011 and replace it with a requirement that all minors under the age of 18 obtain notarized parental consent before obtaining an abortion, unless there is a medical emergency or the minor obtains a court order waiving the requirement. In May 2013, Planned Parenthood of Montana filed suit in state court. The court ruled that the state is barred from defending both laws because the requirements of the laws are the same as those at issue in 1999 case. The 1999 ruling struck down the laws and the state did not appeal. According to a ruling by the Montana Supreme Court, courts cannot re-examine issues that have already been decided if both sides had a fair opportunity to present their case. Current Status: (See the 2011 law here and the 2013 law here. See the complaint here.)