The Montana Supreme Court upheld temporary blocks on abortion restrictions passed in 2023 by the Republican-majority Legislature and Gov. Greg Gianforte’s administration. These rulings, involving laws challenged by Planned Parenthood and other advocacy groups, maintain the suspension of enforcement while ongoing litigation questions their constitutionality.
In split decisions, the justices supported state district court Judge Mike Menahan’s preliminary injunctions, preventing the enforcement of the laws. Planned Parenthood of Montana, along with the ACLU of Montana and other organizations, welcomed the decision, emphasizing the importance of maintaining access to reproductive health care free from political interference.
A spokesperson for Attorney General Austin Knudsen, representing the state, declined to comment on the rulings. The cases center on two laws, House Bill 544 and House Bill 862, which restrict Medicaid funding for abortions, along with rules requiring ultrasounds and limiting abortions after 24 weeks.
Justice Ingrid Gustafson, writing the lead opinion, dismissed the state’s claim that the Medicaid restrictions were mere funding issues. She argued these measures touch upon constitutional rights of Medicaid-eligible individuals. In a separate commentary, Justice Laurie McKinnon critiqued dissenting opinions for weakening legal precedents concerning privacy and equal protection rights.
In the second case, the court upheld a block on HB 721 and HB 575, with Justice Gustafson again arguing that the state failed to demonstrate medical necessity for the restrictions. Justice Jim Rice dissented, supporting the ultrasound requirement as crucial for determining fetal viability. These legal battles continue in the Helena court under Judge Menahan.
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