A view of the Montana State Capitol on Could 3, 2023, in Helena, Montana.
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Justin Sullivan/Getty Pictures
A view of the Montana State Capitol on Could 3, 2023, in Helena, Montana.
Justin Sullivan/Getty Pictures
Three Montana legal guidelines limiting abortion rights, together with a ban on abortions after 20 weeks, have been struck down in court docket as unconstitutional.
District Court docket Decide Kurt Krueger wrote in his ruling that the laws try to impose extreme burdens on abortion entry with out clear justification or credible proof.
The legal guidelines, handed by the Montana legislature in 2021, would have banned abortion at 20 weeks, barred medical doctors from prescribing remedy abortions by way of telehealth companies, required a 24-hour ready interval for remedy abortions, and would have required medical doctors to supply an ultrasound earlier than an abortion.
The legal guidelines had been blocked by a preliminary injunction that was granted in October 2021. Beneath the court docket’s ruling, the legal guidelines can’t be enforced.
Krueger’s resolution referenced a Montana Supreme Court docket precedent from 1999 discovering the state’s constitutional proper to privateness protects entry to pre-viability abortion. The state’s excessive court docket reaffirmed that precedent in a ruling final spring.
A spokesperson for Lawyer Basic of Montana Austin Knudsen mentioned the state plans to enchantment the ruling to the Montana Supreme Court docket, saying he is dedicated to “defending the well being and security of girls and unborn infants.”
Republicans within the state legislature proceed to push for restrictions on abortion entry.
Alexis McGill Johnson, president and CEO of Deliberate Parenthood Federation of America, referred to as the Thursday ruling a essential victory.
“As we rejoice as we speak, we’ll proceed to construct on this win to struggle for equitable abortion entry in Montana and past,” McGill mentioned in a press release, including that Montana will stay a vital entry level for these looking for abortion within the Rocky Mountain West.
A number of extra anti-abortion rights legal guidelines are dealing with court docket challenges in Montana, together with half a dozen from the 2023 legislative session. All anti-abortion rights restrictions, apart from one requiring parental notification for sufferers 15-years-old or youthful, have been blocked in court docket whereas these lawsuits play out.
