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HELENA, MT — Today, a Montana District Court issued a temporary restraining order blocking HB 575, a new law that requires all patients in Montana to undergo an ultrasound before getting an abortion. In today’s ruling, the court found that the law cannot be enforced at least until the parties have been heard on the merits of Planned Parenthood of Montana’s motion for a preliminary injunction because the law likely violates the Montana Constitution. More than two decades ago the Montana Supreme Court held in the Armstrong decision that the constitution protects the right to pre-viability abortions. A hearing on the request for a preliminary injunction is scheduled for May 12. 

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

“As Montana courts have reaffirmed time and time again, the rights to privacy and access to abortion are clearly protected under our state constitution. We are pleased that the court took action to block this dangerous law today and hope its ruling will send a message to anti-abortion lawmakers who continue trampling on our rights. HB 575 represented legislative interference and unwarranted intrusion into the patient-provider relationship. But this isn’t about politics for our patients, it’s about their health and their lives. Despite these ongoing attacks, Planned Parenthood of Montana is prepared to do everything in our power to ensure abortion access remains permanently secured in our state.”

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

“This is a huge win for Montanans and all those who depend on this state for abortion access. Today’s ruling will ensure that Montanans can continue to make deeply personal decisions about their bodies, health, and futures without interference from elected officials. But the fight for our rights is far from over. Anti-abortion lawmakers in Montana and beyond have made it abundantly clear that they will not stop until abortion is eliminated or made completely inaccessible. Make no mistake, Planned Parenthood will keep fighting in courts across the country to ensure patients can get the health care they need and deserve. No politician should get in the way of people’s freedom to make decisions for their own lives.”

HB 575 took immediate effect following the Governor’s signature yesterday, May 3. The challenge to the law was filed as an amendment to an existing lawsuit against HB 721, another bill that has been passed by the Legislature and will ban D&E procedures  — the safest and most common method of abortion after approximately 15 weeks of pregnancy — once it is signed by the Governor. 

Earlier this week, in a separate case, Planned Parenthood of Montana, along with All Families Healthcare and Blue Mountain Clinic, was issued a temporary restraining order blocking a rule from the Montana Department of Public Health and Human Services that would have effectively eliminated abortion access for most Medicaid patients in Montana. A hearing on the abortion providers’ request for a preliminary injunction in that case is also scheduled for May 12. 

Planned Parenthood of Montana is represented by attorneys at Planned Parenthood Federation of America, WilmerHale, and the Graybill Law Firm.

Read more about the lawsuit here

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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.

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