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District court judge temporarily blocks Montana bills that restrict abortion
Here is the previous order fom May 18, 2023 enjoining enforcement of the new abortion restriction law and scheduling a hearing for May 23, 2023: https://www.democraticunderground.com/10623085
This article below is the follow-up to that.
The Daily Montanan
In an order from the bench Tuesday, a district court judge temporarily blocked abortion bills recently signed into law regarding surgical abortion restrictions, ultrasound requirements and Medicaid abortion restrictions, as well as a similar rule on Medicaid abortions put in place by the state health department.
Judge Mike Menahan said the focus of his decision to issue the preliminary injunctions was the impact to the fundamental right of the patient, which he said was based on evidence and testimony provided in court.
Abortion is protected in Montana under the state Supreme Court decision Armstrong v. State and upheld in the Weems decision made earlier this month. In the Armstrong decision, justices found the state’s constitutional protection of privacy protects the right to an abortion.
Menahan blocked the bills after hearing arguments the same day in a handful of cases filed from bills passed in the recent legislative session.
Judge Mike Menahan said the focus of his decision to issue the preliminary injunctions was the impact to the fundamental right of the patient, which he said was based on evidence and testimony provided in court.
Abortion is protected in Montana under the state Supreme Court decision Armstrong v. State and upheld in the Weems decision made earlier this month. In the Armstrong decision, justices found the state’s constitutional protection of privacy protects the right to an abortion.
Menahan blocked the bills after hearing arguments the same day in a handful of cases filed from bills passed in the recent legislative session.
Bills enjoined were the following:
House Bill 575: This bill bans abortions at 24 weeks and requires an ultrasound for an abortion, which would impact telehealth abortion care. The bill was sponsored by Rep. Lola Sheldon-Galloway, R-Great Falls.
House Bill 721: Sponsored by House Speaker Matt Regier, R-Kalispell, the bill bans the most common surgical abortion procedure after 15 weeks pregnancy, called a dilation and evacuation procedure, which plaintiffs said was effectively a 15-week abortion ban.
HB 862: Sponsored by Rep. Mike Hopkins, R-Missoula, it prohibits Medicaid from funding abortions. Medicaid currently funds abortions under three circumstances: rape or incest, life of the mother at risk, or if it is deemed medically necessary.
HB 544: From Rep. Jane Gillette, R-Bozeman, the legislation prohibits Montana Medicaid abortion funding for medically necessary abortions, which makes up the majority of Medicaid abortions in the state.
House Bill 575: This bill bans abortions at 24 weeks and requires an ultrasound for an abortion, which would impact telehealth abortion care. The bill was sponsored by Rep. Lola Sheldon-Galloway, R-Great Falls.
House Bill 721: Sponsored by House Speaker Matt Regier, R-Kalispell, the bill bans the most common surgical abortion procedure after 15 weeks pregnancy, called a dilation and evacuation procedure, which plaintiffs said was effectively a 15-week abortion ban.
HB 862: Sponsored by Rep. Mike Hopkins, R-Missoula, it prohibits Medicaid from funding abortions. Medicaid currently funds abortions under three circumstances: rape or incest, life of the mother at risk, or if it is deemed medically necessary.
HB 544: From Rep. Jane Gillette, R-Bozeman, the legislation prohibits Montana Medicaid abortion funding for medically necessary abortions, which makes up the majority of Medicaid abortions in the state.
