Abortion will remain legal in Montana for the foreseeable future.
“Some States have a “trigger ban,” which means abortion bans go into effect now that Roe v. Wade is overturned. For example, Idaho, Wyoming, North Dakota and South Dakota have trigger bans, but Montana does not have a “trigger ban,” Attorney and Legal ExpertSean Bracken with Bracken Law Firm said.
State courts have considered abortion, like other protected medical choices, to be protected under Montana’s constitutional right to privacy.
“The Montana State Legislature recently passed laws that would ban abortion after 20 weeks of pregnancy, restrict access to abortion pills and require abortion providers to ask patients if they would like to view an ultrasound or hear the fetal heartbeat. Those laws, however, have been placed on hold by a District Court injunction, pending determination of their constitutionality by the Montana State Supreme Court, which could take quite some time, Bracken said.
“Thus, Montana’s current right to abortion is currently unaffected by the overturning of Roe v. Wade. Montana could even see an influx of out-of-state people seeking abortion,” Bracken said.
Currently, there are five operating abortion clinics in Montana in cities Whitefish, Missoula, Great Falls, Helena and Billings.