A Helena judge recently made a groundbreaking ruling, striking down multiple laws that were aimed at restricting abortion access in 2023. Judge Mike Menahan deemed these laws and a state health department rule as unconstitutional, emphasizing the state’s failure to demonstrate a compelling interest that would justify burdening the right to terminate a pregnancy. The laws in question sought to limit access to abortions after 15 weeks of pregnancy, medication abortions prescribed via telehealth, and Medicaid coverage for abortions.
These laws were passed before Montana voters approved the inclusion of the right to an abortion in the state constitution, which is set to take effect on July 1. Judge Menahan’s decision was based on previous court rulings that have upheld access to abortion as a protected right rooted in the state’s constitutional right to privacy. The state has the option to appeal these rulings to the Montana Supreme Court.
This ruling is significant not only for its impact on reproductive rights in Montana but also as a reflection of the ongoing legal battles surrounding abortion access across the country. With the confirmation of the right to an abortion in the state constitution on the horizon, this decision marks a critical step towards ensuring reproductive freedom and autonomy for individuals in Montana.
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