The Montana Supreme Court upheld a temporary block Wednesday on laws that would restrict access to abortion while a lawsuit continues to play out in district court.
Montana abortion providers and the ACLU of Montana sued the state over the laws passed in 2023, saying they’re unconstitutional. The legislation would ban dilation and evacuation abortions, effectively ban medication abortions prescribed through telehealth and restrict Medicaid coverage of abortion.
A district court initially blocked the laws back in May of 2023, saying they likely violate the state right to privacy. Longstanding legal precedent in Montana has found that right prevents undue government interference in abortion access.
Gov. Greg Gianforte called one of the blocks on the Medicaid coverage restrictions “extreme.” He pointed to Justice Jim Rice’s lone dissenting opinion. The justice wrote that the restrictions on coverage for abortion concern government funding, not access to health care.
The majority ruling found that Medicaid coverage directly impacts access to health care for low-income patients.
A final decision from the district court on the laws’ constitutionality is still pending.
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A Helena judge struck down several laws restricting abortion access and ruled they’re unconstitutional. The laws and one state health department rule were adopted by Republican policymakers in 2023. -
Montana lawmakers are once again considering bills that would restrict abortion access. Some of the legislation may directly conflict with the state’s new voter-approved constitutional right to abortion. -
Montana voters approved a constitutional amendment in November to protect access to abortion. What would federal anti-abortion laws mean for Montana's new amendment? -
Montana Attorney General Austin Knudsen is asking the U.S. Supreme Court to weigh in on whether minors can get an abortion without parental consent. -
Montana abortion providers will not be subject to new, stringent regulations adopted by the state health department. A judge blocked the rules while a lawsuit plays out. Two Montana clinics sued the state, saying they’ve been singled out for stricter regulation as abortion providers.
