Montana Abortion Clinic Licensure Rules Halted by State Judge

Nov. 18, 2024, 3:02 PM UTC

Montana can’t enforce a 2023 licensing law that treats abortion providers differently from providers who perform the exact same services for different purposes, such as miscarriage management, a state trial court held.

HB 937 and its implementing regulations likely violate the Montana Constitution’s equal protection clause, which provides a stronger shield against unequal conduct than its federal counterpart, the Montana District Court for Lewis and Clark County said Nov. 15.

Judge Christopher D. Abbott entered a preliminary injunction prohibiting the state from enforcing the measure before trial.

Abortion has been legal in Montana for decades, and remained so even after ...

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