Abortion providers, state attorneys spar over new restrictions
A Helena district court judge on Tuesday barred the state from enforcing five new abortion restrictions while litigation over their constitutionality continues.
The order from the bench came at the end of a three-and-a-half-hour court proceeding featuring Montana abortion providers, medical witnesses and state agency representatives. Attorneys representing Planned Parenthood of Montana, Blue Mountain Clinic and All Families Healthcare argued that the laws and rules curbing abortion procedures, requiring ultrasounds and limiting Medicaid coverage of abortions should be enjoined while litigation continues. State attorneys pushed for the measures to take effect as scheduled, either immediately or on July 1.
While cautioning that a temporary injunction does not indicate who might eventually win the two ongoing lawsuits, District Court Judge Mike Menahan said he would side with the plaintiffs’ motion to enjoin the policies while the facts and arguments develop.
“As a judge, my focus is how this would impact the fundamental right of the patient. That is where my focus lies,” Menahan told the courtroom, adding that his decision also keeps the current legal landscape intact.
“I think the purpose of the injunction is to essentially maintain the status quo. That, above all considerations, is the most important one for me,” he said.
The challenged laws include a ban on dilation and evacuation abortions after roughly 15 weeks of gestation, the most common method for ending a pregnancy after the first trimester, as well as a law banning abortions after 24 weeks of pregnancy and requiring an ultrasound before a procedure at any point in gestation. Both policies, House Bill 721 and House Bill 575, were signed by Gov. Greg Gianforte in May and took immediate effect but were blocked within days by temporary restraining orders issued by Menahan at the request of Planned Parenthood of Montana.