Filed Date: April 10, 2023
Case Ongoing
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On April 10, 2023, Planned Parenthood of Montana and its Chief Medical Officer brought this lawsuit in a state trial court against the State of Montana to raise a pre-enforcement challenge against HB 721. The bill in question was passed by the Montana legislature and if in effect, it would ban dilation and evacuation, the most common and safest method for second-trimester abortions. If signed into law, HB 721 would subject providers to harsh penalties, including fines of up to $50,000 and 5-10 year prison sentences, and threatened to strip providers of their medical licenses for at least one year. At the time the lawsuit was filed, HB 721 was awaiting the Governor's signature, and once signed, it would go into effect immediately. Represented by Planned Parenthood Federation of America and private counsel, Plaintiffs argued that HB 721 violated the state constitution's fundamental right to privacy. Relying on the Montana Supreme Court's 1999 decision in Armstrong v. State, Plaintiffs alleged that the Montana Constitution protects a woman’s right of procreative autonomy, and that HB 721 violated that right without a compelling reason to do so. Plaintiffs sought declaratory and injunctive relief.
On the same day the Complaint was filed, Plaintiffs also motioned for a temporary restraining order. Later that same day, Judge Kathy Seeley denied the motion as premature because the Governor had not yet signed the bill.
On May 16, 2023, however, the Governor signed the bill and it took immediate effect. On May 18, the Court issued a temporary retraining order preventing the State from enforcing HB 721, stating that Plaintiffs had established facts, which if proven as true, presented a prima facie constitutional violation. On May 23, a hearing to consider Plaintiffs' application for preliminary injunction was held and from the bench, the Court granted Plaintiffs' request for a preliminary injunction to block several restrictions on abortion access, including HB 721.
The next day, on May 24, 2023, Defendants appealed to the Montana Supreme Court, and their opening brief is due on or before October 30, 2023. The case is ongoing.
Summary Authors
Michelle Wolk (4/11/2023)
Nina Leeds (9/27/2023)
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: April 10, 2023
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Planned Parenthood of Montana and its Chief Medical Officer
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Planned Parenthood Federation of America
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:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Order Duration: 2023 - None
Content of Injunction:
Issues
Reproductive rights:
Method-based abortion procedures
Reproductive health care (including birth control, abortion, and others)
Affected Sex or Gender: