Filed Date: Dec. 28, 1997
Case Ongoing
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In the Fall of 1997, the Center of Reproductive Rights filed a lawsuit to challenge a Montana state law that restricted the performance of abortions to licensed physicians. This was brought in Montana state court after a failed attempt to block the law in federal court in Armstrong v. Mazurek. Here, Plaintiffs argued that the law violated the Montana Constitution’s provisions regarding privacy, due process, and equal protection of the laws.
Judge Jeffrey Sherlock granted the injunction in district court (BDV 97-627) on November 26, 1997, and prohibited the law from being enforced, to which Defendants appealed on December 28, 1997.
On October 26, 1999, the Montana Supreme Court affirmed the injunction barring enforcement of the statute against Plaintiffs. The Court held that Montana's state constitutional right to privacy protected a woman’s right to choose to have an abortion and her right to obtain an abortion from a health care provider of her choice. Furthermore, the Court held that the state had failed to show a compelling interest to support the requirement that abortions be performed only by physicians.
Summary Authors
Kathleen Lok (11/19/2022)
Armstrong v. Mazurek, District of Montana (1995)
Last updated Aug. 30, 2023, 1:38 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Montana
Case Type(s):
Key Dates
Filing Date: Dec. 28, 1997
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Blue Mountain Clinic (not-for-profit corporation providing abortion care in Montana), and four physicians.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Center for Reproductive Rights
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1997 - None
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
General:
Type of Facility: