A district court judge in Helena says a bill to ban the most common abortion procedure used after 15 weeks of pregnancy cannot be blocked before it becomes law. If signed, it has an immediate effective date.
Planned Parenthood of Montana sued the state Monday, aiming to prevent House Bill 721 from going into effect. It would ban dilation and evacuation procedures, most commonly used in the second trimester of pregnancy when medication abortions are no longer effective.
The proposal passed the Legislature and is awaiting consideration by Gov. Greg Gianforte.
Planned Parenthood argued in the lawsuit that the bill will cause irreparable harm if enacted, and the court should temporarily block the policy so the merits of that argument can be hashed out in court before it takes effect..
Lewis and Clark District Court Judge Kathy Seeley ruled late Monday that the request for a block is premature and she will not grant a block before the bill becomes law.
However, the lawsuit was not dismissed and Planned Parenthood plans to renew its request to block the policy if it becomes law.
In a statement, the Governor’s spokesperson Kaitlin Price said the filing of the lawsuit before the bill signing was an “extreme tactic.” Gianforte has not said whether he will sign the bill.
CEO and President of Planned Parenthood of Montana Martha Fuller said the suit was filed early to protect continuity of care.
“Providers need to be able to use medical training and judgment to provide the care that patient needs in the patient’s individual circumstances without the interference of politicians,” Fuller said.
Republican lawmakers have brought several anti-abortion bills this session, arguing the procedure is immoral and needs to be restricted.
In a statement, Speaker of the House Matt Regier called the lawsuit extreme, saying the bill is designed to limit “one type of horrific abortion procedure.”
A 1999 Montana Supreme Court precedent found that access to abortion is protected by the state’s right to privacy.
The Legislature passed several anti-abortion bills in 2021 that are currently tied up in court.
