Montana Gov. Slams Justices After Abortion Ruling: ‘They Should Be Ashamed’
“They’re overreaching, making law from the bench and rejecting the will of Montanans’ duly-elected representatives who make laws.”
Gov. Greg Gianforte criticized the Montana Supreme Court after it upheld a lower court’s decision that said three state abortion-related laws were unconstitutional.
On Monday, the state Supreme Court struck down House Bill (HB) 136, HB 140 and HB 171. All these laws were passed by the Montana Legislature in 2021.
The first one, HB 136, prevented abortions from happening after 20 weeks. HB 140 mandated that pregnant women be able to view an ultrasound and listen to the baby’s heartbeat before getting an abortion. HB 171 regulated abortion-inducing drugs, such as requiring in-person visits for taking them.
None of these laws took effect because Planned Parenthood of Montana sued before they could be implemented.
Montana’s highest court ruled 6 to 1 in Planned Parenthood v. State. Two district court judges sat in for two justices, including Judge Amy Eddy, who is running for the state Supreme Court. Justice Beth Baker wrote the majority opinion.
The only judge to dissent was Justice Mike Rice.
Gianforte said these “activist justices” have “failed the lives, health, and welfare of mothers and their babies, and they should be ashamed.”
“Clinging to a shaky, outdated ruling and failing to account for the U.S. Supreme Court’s decisions, these activist justices aren’t interpreting the law,” the governor said.
“They’re overreaching, making law from the bench and rejecting the will of Montanans’ duly-elected representatives who make laws,” he added.
The specific ruling Gianforte is referring to is Armstrong v. State. The Armstrong case said a woman had a right to privacy, including whether to choose to have an abortion.
This ruling from 1999 is often used when Montana judges strike down abortion-related bills that the Montana Legislature passes.
“As a pro-life governor, I believe all life is precious and must be protected. I will continue to defend the lives of those who cannot speak for themselves,” the governor explains. “I’ll also pray for changed hearts as we work to bring about a culture of life for every Montanan, born and unborn.”
In the ruling, Baker wrote “reproductive decisions” are some of the most intimate decisions a woman can make in her lifetime. The state Supreme Court said these decisions included getting an abortion or giving birth to a child.
Baker also said these choices “carry widely varying personal considerations, decisions, hardships, and desires that are deeply unique and personal to each individual in Montana, and both of which are protected under the state constitutional right to privacy.”
Regarding HB 136, the justices ruled it unconstitutional due to its violation of the state Constitution’s Individual Dignity and Right to Privacy clauses. The ruling said the State of Montana did not provide “clear and convincing proof of a bona fide health risk determined by the medical community” that this bill would reduce.
“The State asserts that poor mental health outcomes, when a patient chooses to have an abortion, are one of the adverse effects it is trying to protect against, yet HB 136 excludes psychological and emotional impacts as a basis for permitting abortion past 20 weeks,” Baker wrote.
“This suggests that a person’s mental health matters to the State only to prevent abortion, not as a valid reason to obtain one,” she added.
When it came to HB 140, the Montana Supreme Court said the law violated the Right to Privacy Clause in the Montana Constitution.
“HB 140 infringes the right to privacy because it inserts the State’s voice and judgment into the medical room, replacing the qualified medical provider’s judgment with that of the State and impacting a patient’s personal autonomy right to make medical decisions with the health care provider,” the majority opinion explained.
As for HB 171, the state Supreme Court found it violated the state Constitution’s Right to Privacy and Freedom of Speech clauses.
“By prohibiting one form of pre-viability abortion and making another more difficult to obtain, the State infringes on a fundamental privacy right,” Baker stated.
With all this being said, this may not be the last time the Montana Supreme Court rules on another series of abortion-related laws.
In March, a state district court judge ruled against two abortion-related bills signed into law two years ago.
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Zachery Schmidt is the founder of The Montana Chronicles. If you have any tips, please send them to montanachronicles@proton.me.