Montana Supreme Court won't hear case challenging abortion amendment

Tuesday marked the first day that Montanans can say that abortion — up to the point of viability — is protected specifically through an amendment in the state’s Constitution.

Voters in November overwhelmingly supported the constitutional right, even though the procedure has long been legal, and Constitutional Initiative 128 became the law of the state, despite a last-minute legal challenge.

That challenge was rebuffed on Tuesday by a unanimous decision of the Montana Supreme Court not to hear the case brought by several individuals and the Montana Life Defense Fund, a committee association with the Montana Family Foundation. The lawsuit asked the high court to intervene, halt the amendment from going into effect, and declare it void, due to concerns that voters on Election Day did not have enough information to properly decide the issue.

The Supreme Court dismissed the late challenge, and said that the suit was poorly timed and didn’t even develop a set of facts adequately. Meanwhile, the Montana Family Foundation said while it was disappointed in the decision, it would continue the fight at the district court level.



https://dailymontanan.com/2025/07/02/montana-supreme-court-wont-hear-case-challenging-abortion-amendment/