Montana’s abortion proposal was met with a preemption lawsuit

HELENA, Mont. (AP) – Planned Parenthood of Montana filed a preliminary injunction on Monday to stop a law banning the most commonly used abortion method in the second trimester, arguing the proposed law is unconstitutional.

Before the bill was passed to Republican Gov. Greg Gianforte, the nonprofit organization complained about the proposal to ban abortions and abortions. The organization has asked the court to suspend the law at least for the time being, as it will take effect immediately after the law is signed and will cause irreparable harm to patients.

The lawsuit was filed on the same day by the United States Department of Justice. He appealed A Texas court has called the decision “unusual and unprecedented” to end legalization of the most widely used abortion method in America.

An appeal to the 5th US Circuit Court of Appeals was filed a few days later. Conflicting court decisions Because of the legality of abortion, the availability of mifepristone, a drug that has been widely used for more than 20 years, is in doubt.

The Montana Supreme Court ruled in In 1999, the state’s constitutional right to privacy included the right to pre-emptive abortion from the provider of choice, the Montana lawsuit said.

“Despite our state constitution clearly protecting the right to abortion, and despite Montanans’ staunch calls for bodily autonomy and personal freedom, our legislators are committed to prohibiting abortion, law by law,” Martha Fuller, CEO of Planned Parenthood in Montana, said in a statement. is in “Banning the safest and most common methods of abortion puts lives at risk.”

The governor’s office criticized the timing of the lawsuit.

“The fact that the bill hasn’t even made it to the governor’s desk for review and that Planned Parenthood is already racing through the courts tells Montanans everything they need to know about the far left, the abortion group, and its extreme tactics,” Kathleen Price said. A Gianforte spokeswoman said in an emailed statement.

The bill, sponsored by House Speaker Matt Reger, a Republican, threatens to fine medical providers up to $50,000 and up to 10 years in prison for performing such abortions. He also wants to legislate that Montana’s constitutional right to privacy does not include the right to abortion.

The speaker’s father, Republican Senator Keith Reger, The bill passed the Senate and is scheduled for a second vote in the House on Wednesday.

Legislative lawyers said that both bills may have problems in compliance with the state constitution.

Planned Parenthood’s complaint, filed in state court in Helena, names the state of Montana and its health department as defendants.

Austin Knudsen, a spokesman for the attorney general, said the lawsuit was an attempt to “hijack the courts and obstruct the legislative process.”

In a statement, spokeswoman Emily Flower said, “The legislature and the governor should be free to conduct the affairs of the people without the courts,” and cast doubt on the timing of the petition.

“What’s next – Planned Parenthood suing to stop the Legislature from considering any bill that touches the topic of abortion?” Cantrell asked.

Montana lawmakers are also considering a bill that would require prior authorization before access to Medicaid or the state’s Children’s Health Insurance Program to completely deny public assistance to abortions and other pregnancies unless the pregnancy is a result of rape or consanguinity or a threat to the mother’s life. Legislation to ban viable abortions is also moving forward.

Gianforte did Sign three bills In the year In 2021, it would affect abortion – one would ban abortions after 20 weeks of pregnancy, another would restrict abortion pills and a third would require abortion providers to ask patients if they want to see a fetal ultrasound. Those laws have been blocked in court.