In a significant legal development, three laws in Montana aimed at restricting abortion rights, including a prohibition on abortions after 20 weeks, have been deemed unconstitutional by a district court.
District Court Judge Kurt Krueger, in his ruling, criticized the regulations for imposing significant barriers to abortion access without sufficient justification or credible evidence.
Enacted by the Montana legislature in 2021, the laws sought to ban abortions at 20 weeks, prohibit doctors from prescribing medication abortions via telehealth services, mandate a 24-hour waiting period for medication abortions, and require doctors to offer ultrasounds before performing abortions.
These laws had previously been blocked by a preliminary injunction issued in October 2021. Following the recent court ruling, enforcement of the laws is prohibited.
Judge Krueger’s decision drew upon a precedent set by the Montana Supreme Court in 1999, which recognized the state’s constitutional right to privacy as safeguarding access to pre-viability abortion. This precedent was reaffirmed by the state’s high court in a ruling last spring.
A spokesperson for Montana’s Attorney General, Austin Knudsen, stated that the state intends to appeal the ruling to the Montana Supreme Court, emphasizing the commitment to protecting the health and safety of women and unborn babies.
Despite this setback, Republicans in the state legislature continue their efforts to enact restrictions on abortion access.
Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America, hailed the court’s ruling as a critical victory for reproductive rights.
“As we celebrate today, we will continue to build on this win to fight for equitable abortion access in Montana and beyond,” McGill stated, underscoring Montana’s significance as a crucial access point for individuals seeking abortion services in the Rocky Mountain West.
Several other anti-abortion laws in Montana are currently facing legal challenges, including multiple measures from the 2023 legislative session. While these lawsuits are ongoing, all anti-abortion restrictions, with the exception of one requiring parental notification for patients aged 15 or younger, have been blocked by the courts.