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Judge Rules Against Montana Law Limiting Abortion Providers
COURTS
Judge Rules Against Montana Law Limiting Abortion Providers
The high court said the right to privacy in the Montana Constitution protects a woman's autonomy over her reproductive health
BY ASSOCIATED PRESS
FEBRUARY 28, 2022
HELENA – A Montana law that prevented advanced practice registered nurses from performing some early abortion procedures is unconstitutional, a state judge ruled Friday. ... District Court Judge Mike Menahan ruled that certified nurse practitioners and certified nurse midwives who have the proper training and certification can perform pre-viability abortion services within their scope of practice.
“Today’s decision is a huge win for Montanans,” said nurse practitioner and clinic owner Helen Weems of Whitefish, one of two plaintiffs who in 2018 challenged a law that allowed only physicians and physician assistants to perform abortions. ... “Recognizing nurse practitioners and nurse midwives as safe, competent, legal providers of abortion is a significant step forward in making abortion more accessible in our state,” Weems said in a statement.
The Center for Reproductive Rights and the ACLU of Montana represented Weems and a nurse midwife identified in court documents as Jane Doe in the case against the state. ... “Today’s ruling comes at a perilous time for abortion rights, and it is a relief to pave the way for abortion access to be expanded in Montana, rather than further restricted,” said Hillary Schneller, senior staff attorney at the Center for Reproductive Rights.
In April 2018, Menahan allowed Weems and Doe to perform abortion procedures — provided they had proper training and experience — while they challenged the constitutionality of the law. ... The following year, the Montana Supreme Court, in a 4-3 decision, upheld Menahan’s earlier ruling. ... The rulings cite a 1999 Montana Supreme Court decision that allowed physician assistants — not just physicians — to perform abortion procedures.
{snip}
Judge Rules Against Montana Law Limiting Abortion Providers
The high court said the right to privacy in the Montana Constitution protects a woman's autonomy over her reproductive health
BY ASSOCIATED PRESS
FEBRUARY 28, 2022
HELENA – A Montana law that prevented advanced practice registered nurses from performing some early abortion procedures is unconstitutional, a state judge ruled Friday. ... District Court Judge Mike Menahan ruled that certified nurse practitioners and certified nurse midwives who have the proper training and certification can perform pre-viability abortion services within their scope of practice.
“Today’s decision is a huge win for Montanans,” said nurse practitioner and clinic owner Helen Weems of Whitefish, one of two plaintiffs who in 2018 challenged a law that allowed only physicians and physician assistants to perform abortions. ... “Recognizing nurse practitioners and nurse midwives as safe, competent, legal providers of abortion is a significant step forward in making abortion more accessible in our state,” Weems said in a statement.
The Center for Reproductive Rights and the ACLU of Montana represented Weems and a nurse midwife identified in court documents as Jane Doe in the case against the state. ... “Today’s ruling comes at a perilous time for abortion rights, and it is a relief to pave the way for abortion access to be expanded in Montana, rather than further restricted,” said Hillary Schneller, senior staff attorney at the Center for Reproductive Rights.
In April 2018, Menahan allowed Weems and Doe to perform abortion procedures — provided they had proper training and experience — while they challenged the constitutionality of the law. ... The following year, the Montana Supreme Court, in a 4-3 decision, upheld Menahan’s earlier ruling. ... The rulings cite a 1999 Montana Supreme Court decision that allowed physician assistants — not just physicians — to perform abortion procedures.
{snip}