Challenging Unnecessary Regulations for Abortion Clinics in Montana

On behalf of the two remaining independent abortion clinics in Montana—All Families Healthcare and Blue Mountain Clinic—the Center for Reproductive Rights filed a challenge to a state law, HB 937, that requires abortion clinics to be licensed and the state to issue regulations detailing licensure requirements. In the three months since the law was signed, the state had yet to even propose regulations, making it impossible for clinics to comply by the October 1 effective date. In addition, no similar requirements apply to clinics that provide miscarriage care, which is identical to abortion care, nor to birth centers or homes where people may go through labor and give birth.

About the case

The Center argues that the law violates the Montana Constitution’s rights to abortion and equal protection and is unconstitutionally vague. The lawsuit argues that there is no valid reason to require clinics that provide abortion care to meet unique and additional regulatory requirements.

On September 27, 2023, the Montana First Judicial District Court of Lewis and Clark County issued a temporary injunction blocking the law while the case proceeds. The state then agreed that the temporary injunction would remain in effect until 60 days after the effective date of final regulations implementing the law.

On November 15, 2024, the district court blocked the new restrictions on abortion clinics that were issued by the Montana Department of Public Health and Human Services in September. The rules, which would have imposed onerous and unnecessary requirements on abortion clinics beginning November 19, will now remain blocked as the case proceeds. On January 14, 2025, the State filed an appeal with the Montana Supreme Court.