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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When the U.S. Supreme Court overturned federal protections for abortion access four years ago, Montana providers expected to serve more people from neighboring states with bans. But the ability to put medications in the mail upended that expectation and led to more Montanans getting abortions. A federal case in Louisiana could limit that access. -
Planned Parenthood of Montana announced this week it’s opening a new clinic in Bozeman. The facility will open its doors next year and will provide reproductive health and abortion services. It’s been more than 20 years since they’ve opened a new clinic. -
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.
