In a Win for Montanans, Multiple Abortion Restrictions Permanently Blocked

Judge upholds restrictions blocked since 2021

Billings, MT – Today, a trial court granted Planned Parenthood of Montana’s motion for summary judgment, permanently blocking a slate of anti-abortion laws from taking effect in Montana. During the 2021 legislative session, Montana lawmakers enacted several restrictions: a 20-week abortion ban; restrictions on medication abortions, including a ban on direct-to-patient telehealth medication abortions; and a requirement that providers ask patients if they would like to see and listen to an ultrasound.

These restrictions have been blocked by a preliminary injunction issued by a trial court in 2021, which the Montana Supreme Court subsequently upheld in 2022. Today’s ruling will permanently prevent these restrictions from going into effect, ensuring that Montanans will continue to be able to access abortion without interference from politicians. As the trial court recognized, “under the guise of concern for the patient” the challenged laws “invade the private ‘treatment room,’ imposing severe burdens . . . without clear justification supported by credible evidence.” The court also recognized that “the laws have the practical effect of inhibiting-or outright preventing-access to care for some of the most "intimate and personal" choices.”

In this challenge, Planned Parenthood of Montana has argued that the restrictions violate Montanans’ fundamental right to privacy under the Montana Constitution by banning abortions before viability, eliminating critical methods for delivering abortion care, imposing onerous and unwarranted requirements on the provision of a safe and common health care procedure, and replacing provider medical judgments with State-mandated speech.

Statement from Martha Fuller, President and CEO of Planned Parenthood of Montana:

“We are relieved that Montanans will no longer live with the threat of these harmful restrictions taking effect. But make no mistake, our fight continues. For years anti-abortion politicians at all levels of government have made banning abortion their number one priority, despite the current protection held in our state constitution. During the 2023 Montana legislative session, an onslaught of anti-abortion bills was introduced, passed, and signed into law, and PPMT is working hard to beat back these attacks and more. We will never stop working to ensure that all Montanans and those who are forced to travel here for care can access the care they need.”

Statement from Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America:

“This is a critical victory in our fight to protect access to abortion. Since the U.S. Supreme Court’s devastating decision nearly two years ago, Montana has become a critical access point for patients forced to travel hundreds of miles for abortion care. But the fact remains that one’s zip code should never determine their ability to access essential health care, and no politician should come between a patient and their doctor. As we celebrate today, we will continue to build on this win to fight for equitable abortion access in Montana and beyond.”

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Planned Parenthood is the nation’s leading provider and advocate of high-quality, affordable sexual and reproductive health care for all people, as well as the nation’s largest provider of sex education. With more than 600 health centers across the country, Planned Parenthood organizations serve all patients with care and compassion, with respect, and without judgment, striving to create equitable access to health care. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable education and information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives. Planned Parenthood Federation of America (PPFA) is a 501(c)(3) charitable organization that supports the independently incorporated Planned Parenthood affiliates operating health centers across the U.S. 

Planned Parenthood of Montana (PPMT) is a leading statewide organization that provides the full range of reproductive health care services, including birth control and abortion, life-saving cancer screenings, STI and HIV prevention, trans health care, testing and treatment for STIs, breast health services, Pap tests, sexual health education, and mental health counseling. PPMT’s mission is to lead by providing, promoting, and protecting sexual and reproductive health care and education for all Montanans. 

Wilmer Cutler Pickering Hale and Dorr LLP provides legal representation across a comprehensive range of practice areas that are critical to the success of its clients. The law firm’s leading Intellectual Property, Litigation/Controversy, Regulatory and Government Affairs, Securities and Financial Services, and Transactional Departments participate in some of the highest-profile legal and policy matters. With a staunch commitment to public service, WilmerHale is renowned as a leader in pro bono representation. The firm is 1,000 lawyers strong with 13 offices in the United States, Europe and Asia. For more information, please visit wilmerhale.com. 

Graybill Law Firm, P.C. represents Montanans fighting for their constitutional rights statewide. Graybill Law Firm focuses exclusively on civil litigation, including personal injury, medical malpractice, lawyer malpractice, insurance coverage denials, litigation against government agencies, constitutional violations, and complex commercial litigation. For more information, please visit graybilllawfirm.com.