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Case: Armstrong v. State

98-066 | Montana state supreme court

Filed Date: Dec. 28, 1997

Closed Date: Nov. 12, 1999

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.) In the Fall of 1997, the Center of Reproductive Rights filed this lawsuit to challenge a Montana state law that restricted. performance of abortions to licensed physicians. The District Court granted, and later the Montana Supreme Court affirmed, an injunction barring enforcement of the statute against plaintiffs. The Montana Supreme Court held that 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, were protected by the state constitutional right to privacy. The Court further held that the state had failed to show a compelling interest supporting the requirement that abortions be performed only by physicians.

Summary Authors

Kathleen Lok (11/19/2022)

Related Cases

Armstrong v. Mazurek, District of Montana (1995)

Documents in the Clearinghouse

Document

98-066

Docket 98-066

Nov. 12, 1999

Nov. 12, 1999

Docket

98-066

Opinion of the Court

Oct. 26, 1999

Oct. 26, 1999

Order/Opinion

Docket

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Montana

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Dec. 28, 1997

Closing Date: Nov. 12, 1999

Case Ongoing: No

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

The State of Montana, State

Attorney General, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Availably Documents:

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Reproductive rights:

Licensing restriction

Reproductive health care (including birth control, abortion, and others)

General:

Abortion

Type of Facility:

Non-government non-profit