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. 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.

At the Center’s request, a state court blocked the law from going into effect while the case is being litigated. The State appealed this ruling to the Montana Supreme Court, which reaffirmed the lower court’s decision, allowing clinics to continue providing abortions free from medically unnecessary restrictions as the case proceeds.

Background

Abortion access in Montana is already limited, with only three organizations in the state providing abortion care. Montana is also surrounded by states that ban abortion, including Idaho, North Dakota, and South Dakota, leaving those seeking care with even fewer options.

Despite strong state constitutional protections for abortion, Montana lawmakers have continued to pass laws restricting abortion access—including three separate laws that would have effectively banned abortion for Medicaid members, which the Center and ACLU-MT are also challenging. In 2024, Montana voters cemented protections for abortion rights by approving the Right to Abortion Initiative, which enshrined an explicit right to abortion in the state constitution.

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 ruled that the restriction will remain blocked as the case proceeds. The State appealed filed an appeal with the Montana Supreme Court on January 14, 2025. On March 31, 2026, the Montana Supreme Court upheld the district court’s ruling to keep the law blocked.