Montana Supreme Court Strikes Down Abortion Restrictions Amid Legal Challenge
Montana Supreme Court Strikes Down Abortion Restrictions Amid Legal Challenge

Montana Supreme Court Strikes Down Abortion Restrictions Amid Legal Challenge

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Montana's Supreme Court upheld a ruling that struck down several abortion restrictions passed by Republican lawmakers in 2021, reaffirming that the state's Constitution protects abortion rights, including a ban on abortion after 20 weeks, telehealth prescription prohibitions, a 24-hour waiting period, and ultrasound viewing requirements. The court emphasized the state constitution's "right to be left alone," which includes personal bodily autonomy and abortion access, unaffected by the 2022 U.S. Supreme Court ruling overturning Roe v. Wade. This ruling aligns with a 1999 Montana Supreme Court decision affirming abortion as a constitutional right before fetal viability. Meanwhile, Montana voters passed a 2024 initiative enshrining abortion rights into the state constitution with 58% support. Despite these legal protections, the Montana Family Foundation filed a lawsuit challenging the voter-approved initiative, arguing that the ballot was misleading because it included only a summary of the amendment, denying some voters full information. The foundation insists that the full amendment text must appear on ballots to uphold constitutional and democratic integrity.

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