Planned Parenthood v. State

¶1 The State of Montana appeals from an order of the First Judicial District Court, Lewis and Clark County, granting summary judgment to the plaintiffs on the grounds that the rule of collateral estoppel (issue preclusion)1 prevents the State from defending the constitutionality of two laws that require the involvement of a minor’s parents before the minor may obtain an abortion. We reverse and remand to the District Court for further proceedings.

¶2 The plaintiffs in this case filed suit in the District Court, challenging the constitutionality of two laws: (1) a 2011 law requiring parental…