Montana Supreme Court: 2021 Abortion Limits Unconstitutional

Montana's Supreme Court upheld a lower court ruling that struck down as unconstitutional several laws restricting abortion access, including a ban beyond 20 weeks of gestation.

The measures approved by Republican lawmakers in 2021 had been blocked since a judge issued a preliminary injunction against them that year. While the case was pending, voters passed an initiative that enshrined the right to abortions in the Montana Constitution.

Justices said in Monday's ruling that the state constitution included a “right to be left alone" and have access to abortions. They said that right was not affected by a 2022 U.S. Supreme Court ruling that overturned Roe v. Wade and ended a half-century of nationwide abortion rights.

The Montana laws also included a prohibition against telehealth prescriptions of abortion medication, a 24-hour waiting period after giving informed consent, and a requirement for providers to give patients the option of viewing an ultrasound or listening to the fetal heart tone. Planned Parenthood of Montana challenged the measures.

Justices cited a 1999 Montana Supreme Court ruling that said the state constitution’s right to privacy includes a woman’s right to obtain an abortion before the fetus is viable from the provider of her choice.

The state argued that the 1999 ruling was wrongly decided and has tried unsuccessfully on several occasions to get the Montana Supreme Court to overturn it. The Legislature in 2023 passed another slate of bills seeking to limit abortion access.

Last year's initiative to make abortion a constitutional right in the state passed with backing from 58% of voters.

An anti-abortion group called the Montana Family Foundation on Monday filed a lawsuit challenging the voter-approved initiative. The group claims voters who registered on Election Day were denied the chance to fully review the initiative because the ballot included only a summary. The full text was in a pamphlet mailed to registered voters.