Today, a Montana state court blocked a series of new restrictions on abortion clinics that were issued by the Montana Department of Public Health and Human Services in September. The rules would have taken effect on November 19, imposing onerous and unnecessary requirements that would make it impossible for some clinics to stay open or keep providing abortion care. Last month, the Center for Reproductive Rights, the ACLU of Montana, and Dechert LLP asked the Court to block the rules on an emergency basis before they took effect. The court granted that request today and the restrictions will remain blocked as the case proceeds.
“Today’s ruling means abortion clinics in Montana can continue to provide safe, legal, abortion care to their patients as we litigate this case,” said Hillary Schneller, Senior Staff Attorney at the Center for Reproductive Rights. “Despite having strong state constitutional protections for abortion for the past 25 years, Montana politicians have been relentless in attacking abortion access, forcing us to go to court to preserve abortion access in the state—and the region—year after year. Today, the court rightly blocked these latest restrictions, which, like the dozens of abortion restrictions Montana has enacted over the years have nothing to do with health and safety.”
"Today the Court recognized once again what we all know to be true – that abortion care is safe and should not be singled out for differential treatment," said Akilah Deernose, Executive Director of ACLU-MT. “Our government should spend its time and resources protecting access to medically necessary healthcare, rather than arbitrarily inserting itself between a patient and her health care provider.”
“That this is even a question is absurd. Abortion providers are already regulated by the state. Abortion is incredibly safe medical care,” said plaintiff Helen Weems, nurse practitioner at All Families Healthcare. “Had these new rules been allowed to take effect, I would have been forced to close All Families, leaving the Flathead Valley—and my patients throughout the state—without a provider. Although I am grateful for the court’s ruling, this is the third time I have had to go to court to preserve access for my patients—and I should be spending that time on actual patient care.”
"This is a victory for Montanans. Blue Mountain Clinic has been providing family care, including abortions, for nearly 50 years. Out of nowhere, these oppressive and unnecessary rules would have forced Blue Mountain to choose between keeping our doors open and stopping abortion care—and turning away patients who rely on us for compassionate, community-based care," said Tess Fields, Executive Director of Policy and Development at plaintiff Blue Mountain Clinic. “Abortion is safe, common medical care. More importantly, it is care that is for the patient to decide upon. Not the patient and Governor Gianforte."
Earlier this month, Montana voters passed a proposal to enshrine an explicit right to abortion in the state constitution. Six other states passed similar measures on the ballot this month protecting abortion rights. Those states include Arizona, Colorado, Maryland, Missouri, Nevada, and New York. You can find out more about the abortion laws in each state here.
This case, All Families Healthcare v. Montana, was filed by the Center for Reproductive Rights, the ACLU of Montana, and Dechert LLP on behalf of All Families Healthcare, Blue Mountain Clinic, and Helen Weems, APRN-FNP.
