Planned Parenthood of Montana has filed a lawsuit requesting a state judge to block a law that prohibits the most frequently used abortion method after 15 weeks of gestation. The organization claims that the law is unconstitutional. The ban on dilation and evacuation abortions was signed by Republican Governor Greg Gianforte’s office just hours before the complaint was filed. The complaint says the measure “is the latest salvo in the Legislature’s ongoing assault on Montanans’ right to seek safe and lawful pre-viability abortions – a right guaranteed by the Montana Constitution.”
Planned Parenthood’s complaint cites a 1999 Montana Supreme Court ruling that determined the state constitutional right to privacy includes the right to an abortion before viability from a provider of the patient’s decision. According to the new ban, anyone who performs a dilation and evacuation abortion can be charged with a felony that carries a penalty of 5 to 10 years in prison and a fine of up to $50,000. In cases of serious illness, we make exceptions. This new bill, however, “is a grave threat to Montanans’ health and safety and must be blocked,” as stated by Martha Fuller, president and CEO of Planned Parenthood of Montana.
Furthermore, Emily Flower, spokeswoman for the Montana Department of Justice, said, “House Bill 721 does not prevent a single woman from having an abortion. Instead, it prohibits a barbaric abortion procedure.” Authorities offer alternatives to the banned procedure, such as abortions using medications to induce labor and delivery. According to Flower, the treatment can only be performed in a hospital setting where the patient’s condition can be closely monitored.
Moreover, the Montana Supreme Court ruled last week that advanced practice registered nurses can continue to provide abortion care if they have adequate training, citing the 1999 Armstrong ruling. The new law being contested states, “The right of individual privacy as referenced in the Montana Constitution… does not create, and may not be construed as creating or recognizing a right to abortion or to governmental funding of abortions.” The Montana GOP is pushing for a rehearing of the Armstrong case before the state’s highest court.
Furthermore, Montana Planned Parenthood and other abortion providers have received a temporary order blocking a state law mandating prior authorization before Medicaid funds an abortion. A court date has been scheduled for May 23 to evaluate whether a judge should issue preliminary injunctions blocking the waiver and the ultrasound requirements.
