MONTANA
Political control: The Republicans who control the Montana Legislature and Republican Gov. Greg Gianforte want to limit access to abortion.
Background: Abortion used to be legal in Montana up until viability, or about 24 weeks of pregnancy, but the state Legislature passed a bill in 2021 to reduce that to 20 weeks, arguing that is when the fetus can feel pain. That law, along with one that requires chemical abortions to be done with in-person medical supervision, are being challenged in court. A state judge temporarily blocked enforcement in October 2021 while the challenges move through the courts. The state has asked the Montana Supreme Court to vacate that injunction and overturn a 1999 Montana Supreme Court opinion that found the state’s constitutional right to privacy guarantees a woman’s access to abortion care.
Effect of Supreme Court ruling: The effect is unclear because of the unresolved legal challenges to the 2021 state legislation. Montana does not have an abortion ban that was triggered when Roe v. Wade was overturned, but the Legislature could seek to further restrict access in the next session.
What’s next: The Montana Supreme Court will issue a decision on the preliminary injunction. The Montana Legislature also passed a referendum to ask voters this November whether they support a state law to require abortion providers to give lifesaving treatment to a fetus that is born alive after a botched abortion. Opponents argue federal law already offers those protections.
