Montana Supreme Court Strikes Down 2021 Abortion Laws, Citing State Privacy Protections

HELENA, Mont. — The Montana Supreme Court has struck down three abortion-related laws passed by the 2021 legislature.

The court ruled the measures violated Montanans’ constitutional right to privacy, reaffirming a 1999 decision protecting access to pre-viability abortion in consultation with a medical provider.

The laws would have banned most abortions after 20 weeks, restricted medication abortions and telehealth, and required additional ultrasound procedures.

The Court found the State failed to prove the laws served a compelling interest or were narrowly tailored.

The ruling is unaffected by the 2024 constitutional amendment, which takes effect in July.