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Planned Parenthood of Montana v. State

Planned Parenthood of Montana v. State

State court 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. Final Outcome: In February 2014, the court ruled that the state is barred from defending both laws because the requirements of the laws are the same as those decided in a 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. (See the 2011 law here and the 2013 law here. See the complaint here.)