She said policymakers need to define “medical necessity” for abortions more broadly, by considering what a pregnancy and birth will mean for a woman’s mental health.
Many of the states with strict abortion bans have large communities of color, and Black women are three times as likely and Indigenous women twice as likely as white women to die of pregnancy-related causes.
The Montana Department of Justice and attorneys for the state have filed notices of appeal with the state Supreme Court after a judge in Helena blocked several newly signed bills restricting abortion access and a state health department rule on Medicaid-funded abortions.
“Even before the Armstrong decision in Montana, our courts said that you can’t discriminate against people because they’re lower-income and deny them access to health care – and that includes abortion care,” Graybill said.
A Montana trial judge has blocked two new state laws that allegedly eliminate access to abortion for Medicaid patients and others who depend on state money to pay for their care.
A Helena judge has blocked four anti-abortion bills and a health department rule restricting Medicaid coverage of abortion while lawsuits challenging their constitutionality play out.
A state judge has temporarily blocked new restrictive abortion policies from going into effect while their constitutionality can be hashed out in court. That order came after a 4-hour hearing in which both sides made their cases for or against the block.