Case: Planned Parenthood of Montana v. State of Montana II

 On April 28, 2023 three of Montana’s abortion providers, Planned Parenthood of Montana, All Families Healthcare, and Blue Mountain Clinic, filed a Complaint against the State of Montana, Department of Public Health and Human Services, and the Director of the Department of Public Health and Human Services (DPHHS). The Plaintiffs challenged an amendment to Mont. Admin. R. 37.82.102 and 37.86.104 (the Rule), issued by the DPHHS, which restricted abortion access by imposing burdens and restrictions on Medicaid patients in the state of Montana seeking abortions. 

The Rule banned Medicaid coverage for abortions provided by advanced practice clinicians such as physician assistants and nurse practitioners, required prior authorization from DPHHS before an abortion could be provided to Medicaid patients and required Medicaid patients to undergo an in-person examination, rather than a telehealth appointment, before getting an abortion. Additionally, Medicaid coverage would only be allowed for "medically necessary" abortions.

Plaintiffs argued that the Rule violated the right to privacy and the right to equal protection under the Montana Constitution, as well as the Montana Administrative Procedure Act.  

On May 18, 2023, the Plaintiffs filed an Amended Complaint, which in addition to the Rule, also challenged two recently passed statutes, HB 544 and HB 862. HB 544 imposed the same medically necessary administrative requirements that the Rule imposed. HB 862 went even further, banning altogether Medicaid coverage of abortions, except in cases involving rape, incest, or risk of death to the pregnant person. Plaintiffs again alleged that the statutes violated the Montana Constitution. In both the original Complaint and the Amended Complaint, Plaintiffs sought a temporary restraining order, preliminary injunction, a permanent injunction, and declaratory relief.

On May 23, 2023, a hearing to consider Plaintiffs' application for preliminary injunction was held and from the bench, Judge Mike Menahan granted Plaintiffs' request for a preliminary injunction to block several restrictions on abortion access, including the Rule and the two statutes. One day later, Defendants appealed the ruling to the Montana Supreme Court. 

On October 9, 2024, the Supreme Court of Montana issued their holding. They ruled that there was no abuse of discretion by the district in granting the preliminary injunction which blocked restrictions on abortion access. They reasoned that this preliminary injunction was appropriate because the healthcare providers were likely to succeed on the merits and the loss of the constitutional right to privacy was an irreparable injury. Additionally, granting the preliminary injunction did not harm the government, and it was in the public interest to prevent a violation of the providers’ constitutional rights.

As of January 2025, this cases is ongoing at the trial court level.