Montana Supreme Court nixes 20-week restrictions, informed consent, and more

The Montana Supreme Court on Monday struck down three laws meant to protect abortion-seeking women and their preborn children.

KEY TAKEAWAYS:

• The ruling overturns three abortion-related laws, including an informed consent law requiring an ultrasound before an abortion, a law protecting preborn babies from abortion after 20 weeks, and a law that both banned telehealth abortions and required a 24-hour waiting period to obtain the abortion pill.

• The court voted 6-1 that the laws violate a person’s constitutional right to privacy.

• The Montana Supreme Court has previously overturned other pro-life laws, and even authored the language for a constitutional amendment making abortion a “right” in the state.

THE DETAILS:

The court’s ruling overturns HB 171, HB 136, and HB 140. All three were passed by lawmakers in 2021, but have been blocked since that time after a legal challenge from Planned Parenthood of Montana. In its 6-1 ruling, the court found that each of the laws infringed on a person’s constitutional right to privacy. Justice Jim Rice was the sole dissenter.

Rice argued in his dissent that the court’s ruling expands the interpretation of privacy far beyond what was originally intended, while noting that the state should have a “compelling” interest in protecting human life.

He also noted that the waiting-period law mandating “a period of reflection before proceeding with a life-altering decision should not reasonably be deemed an infringement upon a woman’s rights.”

THE RESPONSE:

Montana Governor Greg Gianforte criticized the court’s ruling, calling it an attack on “commonsense measures to protect the life, health, and welfare of mothers and their babies.”

“They’re overreaching, making law from the bench and rejecting the will of Montanans’ duly-elected representatives who make laws,” Gianforte said.

State Rep. Amy Regier, who sponsored the ultrasound legislation, also expressed her disappointment at the overturn of what she believes was a common-sense law. “So, any part of medical care… good, informed consent is essential… It’s a standard medical practice and why would that not encompass abortion,” she said, adding, “I would say that this bill does protect women… my question to Planned Parenthood is, ‘what are you afraid of expecting mothers seeing?'”

Planned Parenthood of Montana CEO Martha Fuller praised the ruling.

“The Court’s decision further protects what Montanans need and deserve: legal access to compassionate, timely abortion care, free from government interference,” Fuller said.

GO DEEPER:

The Montana Supreme Court has previously proven itself favorable to abortion:

• In August, 2024, it overturned the state’s parental consent law, with Justice Laurie McKinnon shockingly commenting at the time that  “A minor’s right to control her reproductive decisions is among the most fundamental of the rights she possesses” (emphasis added).

• In 2019, the court ruled that non-physicians can commit abortions.

• The Montana Supreme Court authored the language of a constitutional amendment to enshrine abortion as a “right” in the state. Voters approved the amendment, which is slated to take effect July 1.

In May, Gov. Gianforte signed the Pregnancy Center Autonomy and Rights of Expression Act to protect the rights of pro-life pregnancy resource centers to operate without interference in their counseling or hiring practices, without having to promote abortion or post pro-abortion signage, and without restrictions on their promoting ‘abortion pill reversal.’