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Unconstitutional Medicaid Rule Limiting Abortion Access Blocked in Montana 

For Immediate Release: May 1, 2023


HELENA, MT — Today, a Lewis and Clark County District Court judge issued a temporary restraining order (TRO) blocking a rule from the Montana Department of Public Health and Human Services (DPHHS) that would have effectively eliminated abortion access for most Medicaid patients in Montana. The ruling came after a lawsuit was filed Friday, April 28 by Planned Parenthood Federation of America, the Center for Reproductive Rights, and the ACLU of Montana on behalf of All Families Healthcare, Blue Mountain Clinic, and Planned Parenthood of Montana. A hearing on the abortion providers’ request for a preliminary injunction is scheduled for May 12. 

Joint statement from leaders from Planned Parenthood Federation of America, Center for Reproductive Rights, ACLU of Montana on behalf of All Families Healthcare, Blue Mountain Clinic, and Planned Parenthood of Montana:  

“We are incredibly grateful that the Court stopped this dangerous, unconstitutional new Medicaid rule from going into effect on May 8. When they rejected LR-131 last November, the people of Montana made clear that they do not want the government interfering with their reproductive health care. It shouldn’t matter what zip code you live in, how much money you make, or what insurance you use—everyone deserves access to the full range of reproductive health care services available in Montana. We will continue to fight this rule to protect pregnant Montanans with low incomes and their freedom to make decisions about their bodies, lives, and futures.”

The lawsuit was filed by Planned Parenthood Federation of America, Raph Graybill of the Graybill Law Firm, and Tanis Holm of Edmiston & Colton Law Firm on behalf of Planned Parenthood of Montana, and the Center for Reproductive Rights, the ACLU of Montana, and Erin Erickson of Bohyer, Erickson, Beaudette, and Tranel P.C. on behalf of All Families Healthcare and Blue Mountain Clinic.

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