In Win for Montanans, Montana Supreme Court Keeps Abortion Restrictions Blocked While Cases Proceed

Today's ruling prevents bans on forms of procedural and medication abortions and restrictions on Medicaid patients' access to abortions from taking effect

HELENA, MT - Today, the Montana Supreme Court upheld a district court's rulings temporarily blocking a number of abortion restrictions, including a ban on dilation and evacuation (D&E) abortions, the most common method for abortions starting at approximately 15 weeks of pregnancy; an effective ban on direct-to-patient telehealth medication abortions; and restrictions on Medicaid patients' access to abortions. All of these restrictions have been blocked since May 2023, when a district court judge granted preliminary injunctions after finding the restrictions likely violate Montanans' constitutional right to abortion.

Last year, Planned Parenthood of Montana brought two lawsuits to keep these restrictions from taking effect; in its lawsuit against the Medicaid restrictions, it was also joined by Blue Mountain Clinic and All Families Healthcare. A district court issued preliminary injunctions preventing these restrictions from taking effect while the cases proceed. The district court held last year-and today the Montana Supreme Court affirmed-that these restrictions likely violate the Montana Constitution's protection of the right to abortion and that they would harm Montanans seeking abortions. The restrictions will now remain blocked until the district court issues a final decision in the case.

In its opinion on the D&E ban and effective ban on direct-to-patient medication abortions, the Court noted that the providers had presented evidence that both D&E abortions and direct-to-patient medication abortions are "safe and effective" and that banning these forms of abortion care are likely "unconstitutional infringement[s] on a patient's right to privacy." And in its opinion upholding the block on the Medicaid restrictions, the Court reiterated that the restrictions "are not simple funding decisions, they implicate the constitutional rights of Medicaid-eligible Montanans"; as Justice Gustafson noted, "the State may not jeopardize the health and privacy of poor women by excluding medically necessary abortions from a system providing all other medically necessary care for the indigent."

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Planned Parenthood is the nation's leading provider and advocate of high-quality, affordable sexual and reproductive health care for all people, as well as the nation's largest provider of sex education. With more than 600 health centers across the country, Planned Parenthood organizations serve all patients with care and compassion, with respect, and without judgment, striving to create equitable access to health care. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable education and information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives. Planned Parenthood Federation of America (PPFA) is a 501(c)(3) charitable organization that supports the independently incorporated Planned Parenthood affiliates operating health centers across the U.S.

Planned Parenthood of Montana (PPMT) is a leading statewide organization that provides the full range of reproductive health care services, including birth control and abortion, life-saving cancer screenings, STI and HIV prevention, trans health care, testing and treatment for STIs, breast health services, Pap tests, sexual health education, and mental health counseling. PPMT's mission is to lead by providing, promoting, and protecting sexual and reproductive health care and education for all Montanans