(LifeSiteNews) — The U.S. Supreme Court on Monday overwhelmingly struck down a lower court ruling that upheld minors’ ability to obtain an abortion without parental notification.
Only Justice Ketanji Brown Jackson, President Joe Biden’s appointee, dissented from the ruling, which ordered the St. Louis-based 8th U.S. Circuit Court of Appeals to dismiss as “moot” its decision that minors can obtain an abortion without notifying their parents if they receive permission from a court.
Since Missouri implemented a sweeping abortion ban following the overturn of Roe v. Wade in the Dobbs v. Jackson Women’s Health Organization decision, it remains unaffected by 8-1 Supreme Court ruling. Abortions are only allowed in Missouri when allegedly “necessary” to prevent serious damage to a mother’s health or to save her life, with no exceptions for rape or incest.
No opinion was issued to accompany the Supreme Court decision, which was notably joined by pro-abortion Justices Sonia Sotomayor and Elena Kagan, in addition to Justices Amy Coney Barrett, Neil M. Gorsuch, Brett M. Kavanaugh, Clarence Thomas, Samuel A. Alito, and Chief Justice John G. Roberts.
Jackson, however, penned a dissent arguing that there were no “‘extraordinary’ circumstances” to justify vacating the lower court’s decision.
She claimed that the Supreme Court wrongfully issued a “Munsingwear vacatur,” which “prevent[s] a vacated decision from being cited as precedent by other courts,” The Epoch Times noted.
“In my view, it is crucial that we hold the line and limit the availability of Munsingwear vacatur to truly exceptional cases,” Jackson added.
The case at issue began when a 17-year-old in Missouri asked a court permission for an abortion without her parents’ knowledge, as was required by state law. When the court clerk insisted that her parents accordingly be notified, she traveled to Illinois for the abortion and thereafter sued, claiming that the court obstructed her “constitutional right.”
While the state of Missouri sided with the district court judge, the 8th Circuit sided with the plaintiff, who is now an adult.
The majority of states require at least parental notification, if not consent, before a minor obtains an abortion.