Montana Supreme Court Strikes Down 2021 Abortion Restrictions Citing State Privacy Rights

Montana's Supreme Court has ruled that several 2021 abortion restrictions, including a ban on abortions after 20 weeks, violate the state's constitutional right to privacy as reaffirmed in a 1999 ruling. The court found that these laws, which also restricted telehealth prescriptions for abortion medication and required providers to offer patients an option to view ultrasounds or listen to fetal heart tones, impermissibly infringed on procreative autonomy. The ruling emphasized that the state's privacy protections are independent of federal law and remain intact despite the 2022 U.S. Supreme Court decision overturning Roe v. Wade. The decision came amid ongoing political opposition from Governor Greg Gianforte and Attorney General Austin Knudsen, who have argued against the 1999 precedent but have not succeeded in overturning it. An anti-abortion group has since filed a lawsuit challenging a 2024 voter-approved initiative enshrining abortion rights in the state constitution, citing concerns about voter information. Justice Jim Rice was the sole dissenter, advocating for a narrower interpretation of privacy rights and partial upholding of the laws, but the majority upheld the broader right to abortion access under Montana's constitution.