Montana’s Supreme Court ruled Wednesday that minors don’t need their parents’ permission to get an abortion in the state – agreeing with a lower court ruling that found the parental consent law violates the privacy clause in the state constitution.
“We conclude that minors, like adults, have a fundamental right to privacy, which includes procreative autonomy and making medical decisions affecting his or her bodily integrity and health in partnership with a chosen health care provider free from governmental interest,” Justice Laurie McKinnon wrote in the unanimous opinion.
The ruling comes as an initiative to ask voters if they want to protect the right to a pre-viability abortion in the state constitution is expected to be on the Montana ballot in November. County officials have verified enough signatures to qualify the issue for the ballot, supporters have said. The Secretary of State’s Office has to certify the general election ballots by Aug. 22.
Yeah but state constitutions can grant additional rights (versus state law and state institutions) in addition to those guaranteed by the federal constitution. That is what is going on here to my understanding, hard for SCOTUS to rule that the state constitution cannot do that.
That’s a valid point for ‘normal’ times. But I don’t think these are normal times. I also don’t think the SCOTUS would approach their rulings in a manner that respects anything other than the agenda of the majority. I earnestly believe that they would dispense with any sort of legal precedent or sense of decorum to enforce their will.