In Las Vegas, a dormant state law from 1985 mandating parental notification before a minor can have an abortion has been cleared to take effect in Nevada. The decision, issued by U.S. District Court Judge Anne Traum, specifies that the law will be implemented on April 30. However, Judge Traum also noted that abortion rights advocates still have the opportunity to challenge the law’s constitutionality and potentially halt its enforcement through a court order.
The parental notification requirement in Nevada had remained unenforced because of a 9th U.S. Circuit Court of Appeals decision that deemed it unconstitutional in light of Roe v. Wade. However, following the Supreme Court’s 2022 decision to overturn Roe, a coalition of district attorneys, many from Nevada’s rural regions, initiated legal action to reinstate the 1985 statute.
Planned Parenthood has argued that, even with Roe’s reversal, the 1985 law is still “unconstitutionally vague” and infringes on the due process and equal protection rights of minors. Yet, Judge Traum, appointed by President Joe Biden, noted in her ruling that while there may be other constitutional questions about the statute, these have neither been fully explored in litigation nor posed in the current motion before the court.
Planned Parenthood’s attorneys, when reached out for comments, have yet to respond. Meanwhile, attorney James Bopp Jr., representing some district attorneys, expressed that the law is crucial to prevent “vulnerable, immature girls from making a decision that has life-altering consequences for themselves.”
In Nevada, abortions remain legal until the 24-week mark, with exceptions primarily concerning the mother’s life or health. Voters in November tentatively approved a ballot initiative to enshrine abortion rights into the Nevada state constitution, which will require another round of voter approval in 2026 to be finalized.
Across the United States, according to KFF, a nonprofit organization dedicated to healthcare research, 36 states have laws requiring some form of parental involvement when a minor decides to have an abortion. While some, like Nevada, necessitate only parental notification, others demand parental consent as well. Nevada’s legislation, however, provides a judicial bypass, allowing minors to seek court authorization for an abortion without notifying their parents or guardians.