State files notices of appeal in abortion cases with Montana Supreme Court

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.

Additionally, the Montana Supreme Court is allowing the state’s appeal of a judge’s permanent injunction against the Parental Consent for Abortion Act of 2013 to proceed after the judgment was certified by the Lewis and Clark County District Court despite ongoing questions over the Parental Notice of Abortion Act of 2011 that are proceeding to trial next year which are part of the same lawsuit.

The state filed notices of appeal on May 24 with the Supreme Court in the two lawsuits that District Judge Mike Menahan handed down preliminary injunctions a day beforehand.

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Filing a notice of appeal after a district court’s ruling is the first step a plaintiff or defendant must take to bring an appeal to the state Supreme Court.

In the other abortion case, the Supreme Court on Tuesday ordered the state’s appeal of a February ruling from Lewis and Clark County District Court Judge Christopher Abbott permanently enjoining the Parental Consent for Abortion Act of 2013 should proceed after the district court certified its order.

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