In a ruling stunning conservatives, the Montana Supreme Court has declared itself against the 2021 abortion restrictions, striking at the heart of Republican legislative efforts.
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Does this decision mean states can no longer protect unborn lives? Here’s what’s unfolding in this contentious legal battle.
The Montana Supreme Court upheld a lower court’s ruling, striking down several 2021 abortion restrictions as unconstitutional.
Among these restrictions were significant measures, including banning abortions after 20 weeks of gestation.
The laws had faced immediate legal challenges, resulting in a 2021 preliminary injunction that blocked their enforcement.
In a powerful move in 2022, Montana voters approved a constitutional initiative enshrining abortion rights with a 58% majority.
The court emphasized the “right to be left alone,” reinforcing that access to abortion is an inherent personal freedom under the state constitution.
Furthermore, the court struck down other measures, such as bans on telehealth prescriptions for abortion medication and the imposition of a 24-hour waiting period post-informed consent.
Planned Parenthood of Montana played a pivotal role by challenging these laws, leaning on a 1999 ruling that firmly established abortion rights in Montana.
Despite multiple legislative attempts to overturn this decision, the state’s continuous efforts have met with failure.
Recently, the legislature passed additional abortion restriction bills in 2023, but their fate remains uncertain.
Despite this ruling, an anti-abortion group filed a lawsuit challenging the 2022 initiative.
On the legal front, six justices ruled that the restrictions violated Montana’s right to privacy.
These justices rejected arguments to narrow the scope of Armstrong’s precedent and stated that viability should be determined case-by-case by medical professionals.
The Montana Supreme Court has upheld a district court decision, striking down three abortion-related laws passed by the 2021 Montana Legislature. https://t.co/3Eb3VBevxF
— KPAX Missoula News (@kpaxnews) June 9, 2025
The court found that the state had not proven that the laws protected patients from health risks.
Justice Jim Rice dissented, expressing concern that the Armstrong ruling had stretched privacy rights too far.
Nevertheless, the court’s decision presently preserves abortion access in Montana, unaffected even by the U.S. Supreme Court’s overturning of Roe v. Wade.
