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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It’s been a little over four years since the U.S. Supreme Court overturned the right to an abortion. Many states have banned or severely restricted access since then. The Dobbs decision also impacted Montana, where abortion access is enshrined in the state Constitution. -
A judge dismisses a challenge to the 2024 initiative that enshrined abortion access in Montana’s Constitution; The BLM revokes bison grazing permits for American Prairie reserve; USDA grants an extension for rural water system program. -
A court case out of Louisiana temporarily halted Montanans’ ability to get abortion medications by mail. The U.S. Supreme Court temporarily halted that decision. A ruling by the high court against mailing medication would impact rural women the most. -
Briefs: A temporary block on abortion restrictions will remain in place as a lawsuit challenging them continues; The public can weigh-in on Lolo National Forest plan revisions; UM plans April 6 public forum with university president candidate.
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In Montana, abortion access has been at times illegal, legal, and stuck in limbo. Providers have weathered bombings and arson, advocates and opponents have battled it out in court, and citizens have passed a constitutional amendment affirming a woman's right to choose. One listener wants to know more about the history of reproductive rights in Montana. MTPR's Aaron Bolton reports on the underground networks, political violence and landmark court cases that got us to where we are today.
