In a striking blow to conservative efforts, the Montana Supreme Court has ruled that several 2021 restrictions on abortion were unconstitutional.
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This decision, which underscores the ongoing liberal agenda to prioritize personal privacy over the right to life, has left many questioning the path our society is heading down.
The Montana Supreme Court upheld a lower court’s ruling to strike down abortion restrictions imposed by Republican lawmakers in 2021.
These restrictions included a ban on abortions after 20 weeks of gestation, a measure that had not gone into effect due to a preliminary injunction issued the same year.
This ruling stirs debate over the role of state legislation in protecting or restricting access to abortion.
While the laws blocked since 2021 attempted to provide safeguards, the court cited the state constitution’s “right to be left alone.”
It also referenced a 1999 ruling that established abortion rights in the state, which the legislature has unsuccessfully tried to overturn multiple times.
Despite the efforts to introduce new restrictions, 58% of voters supported a 2022 initiative to enshrine abortion rights in the state constitution.
The court’s decision comes as no surprise to some, especially given the liberal tendencies that have been growing in the state.
Along with the ban on abortions after 20 weeks, other nullified measures included restrictions on telehealth prescriptions for abortion medication and a mandatory 24-hour waiting period after informed consent.
Planned Parenthood of Montana had challenged the laws, arguing they infringed on personal privacy.
State officials did not provide adequate evidence that these restrictions would protect patients from health risks.
Six justices concluded the measures violated Montana’s right to privacy, emphasizing that the determination of viability should be made case-by-case by medical providers.
The ruling preserves the existing state of abortion access, maintaining its availability despite the 2022 U.S. Supreme Court decision to overturn Roe v. Wade.
Justice Jim Rice dissented, highlighting that the interpretation of privacy rights has expanded too far.
Critics argue the court’s stance undermines legislative authority and bypasses the traditional democratic process.
However, new constitutional protections approved by voters set to take effect July 1, 2025.
In a time when conservative values are under siege, this ruling is yet another example of the judiciary thwarting efforts to enact common-sense legislation.
The conversation surrounding abortion rights remains divisive, particularly in light of recent legislative attempts to curtail access.
As of now, the latest decision ensures abortion rights in Montana stay intact, but only time will tell how this battle will evolve.
Montana Supreme Court declares 2021 abortion restrictions unconstitutional, saying that the state constitution included a “right to be left alone” and to abortions, a right not affected by the U.S. Supreme Court ruling that overturned Roe v. Wadehttps://t.co/zFzoxCirNM pic.twitter.com/XlyDR3PnQW
— Steve Lessner (@SteveLessner) June 10, 2025
