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Montana Abortion Laws Remain Blocked Under State Constitution

Aug. 10, 2022, 1:43 PM

Montana may not enforce three laws restricting abortions after the state’s top court said a trial court didn’t abuse its discretion in concluding that the provisions likely infringe privacy rights established by the Montana Constitution.

The challenged laws ban abortion after 20 weeks of pregnancy, impose restrictions on pill-induced and telemedicine abortions, and mandate pre-abortion ultrasound examinations and counseling.

The trial court properly used the highest level of review—strict scrutiny—when considering the likelihood that Planned Parenthood of Montana and physician Joey Banks will succeed, the Montana Supreme Court said. The state’s top court previously held that the Montana Constitution gives ...