HELENA, Mont. — A series of legislative actions aimed at restricting abortion access in Montana have been blocked by a district court judge, ring-fencing the state’s reproductive rights under the constitution. These rulings, delivered in rapid succession over the past week, struck down both 2023 state laws and health department rules that sought to limit abortion procedures and funding.
The first of these decisions, issued by Lewis and Clark County District Court Judge Mike Menahan, invalidated laws that would have largely prohibited the use of dilation and evacuation, a method commonly employed after the 15th week of pregnancy. In addition, the court rebuffed efforts to impose stringent conditions on telehealth medication abortions, including obligatory viability assessments by physicians before procedures could be conducted.
Subsequent to this ruling, on Tuesday, Judge Menahan blocked additional legislative efforts that would have curtailed Medicaid funding for abortions, underscoring the judiciary’s protective stance toward reproductive rights as enshrined in the state constitution.
These judicial interdicts drew strong support from a coalition of abortion rights advocates, including Planned Parenthood of Montana, the Center for Reproductive Rights, and the ACLU of Montana, among others. These groups expressed their relief and determination to continue defending what they consider constitutionally guaranteed rights.
Moreover, these legal contests occur against the backdrop of recent voter action; last November, Montanans passed Constitutional Initiative 128 by a significant margin. This measure seeks to embed abortion protections explicitly within the Montana Constitution starting July 1. Despite this clear directive from the electorate, state legislators have continued to forward bills that aim to restrict abortion access, a move that has seen repeated judicial pushback.
Governor Greg Gianforte, a vocal opponent of using taxpayer dollars to fund abortion services, commented that the struck-down laws were “pro-life, pro-family” attempts to safeguard unborn lives. However, his administration’s positions have routinely met legal challenges that uphold the constitutional protections for abortion rights.
Beyond the legislative arena, these rulings also impacted specific health department regulations. For instance, one blocked rule, tied to Medicaid, demanded prior state authorization for abortions following an in-person physical examination and narrowed definitions of what could be deemed a “medically necessary” abortion.
The Montana Attorney General’s Office expressed disappointment with the court’s decisions, hinting at political bias and confirming ongoing reviews to determine potential next steps. Nonetheless, the office reiterated its intention to uphold state laws aimed at protecting the health and welfare of pregnant individuals and unborn children.
As judicial and legislative bodies continue to grapple with these contentious issues, the future of abortion rights in Montana hangs in the balance, reflecting a microcosm of the broader national debate over reproductive health rights.
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