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State files notices of appeal in abortion cases with Montana Supreme Court – Daily Montanan [1]

['Blair Miller', 'More From Author', '- May']

Date: 2023-06 

The Montana Department of Justice and attorneys for the state have filed notices of appeal with the state Supreme Court after a judge in Helena blocked several newly signed bills restricting abortion access and a state health department rule on Medicaid-funded abortions.

Additionally, the Montana Supreme Court is allowing the state’s appeal of a judge’s permanent injunction against the Parental Consent for Abortion Act of 2013 to proceed after the judgment was certified by the Lewis and Clark County District Court despite ongoing questions over the Parental Notice of Abortion Act of 2011 that are proceeding to trial next year which are part of the same lawsuit.

The state filed notices of appeal on May 24 with the Supreme Court in the two lawsuits that District Judge Mike Menahan handed down preliminary injunctions a day beforehand.

Menahan issued the injunctions that enjoin several abortion restriction bills passed by the legislature and signed by Gov. Greg Gianforte this year – a 24-week abortion ban, a ban on dilation and evacuation abortions after 15 weeks, a ban on Medicaid-funded abortions, and another prohibiting the use of Medicaid for medically necessary abortions.

Menahan also enjoined a Department of Public Health and Human Services rule adopted earlier this year that requires Medicaid abortion providers to seek prior authorization and a physical exam for medically necessary abortions.

All Families Healthcare, Blue Mountain Clinic and Planned Parenthood of Montana sued over the Medicaid rule, while Planned Parenthood of Montana and its chief medical officer sued over the abortion restriction bills.

Filing a notice of appeal after a district court’s ruling is the first step a plaintiff or defendant must take to bring an appeal to the state Supreme Court.

In the other abortion case, the Supreme Court on Tuesday ordered the state’s appeal of a February ruling from Lewis and Clark County District Court Judge Christopher Abbott permanently enjoining the Parental Consent for Abortion Act of 2013 should proceed after the district court certified its order.

“In certifying its partial summary judgment order, the District Court thoroughly considered the competing factors present in the case to determine if it is in the interest of sound judicial administration and public policy to certify the judgment as final,” the justices wrote. “With respect to the Consent Act, (the district court) concluded that there was no just reason for delay, and the judgment should be certified for immediate appeal.”

The portion regarding the parental notice act is slated to go to trial next year. Judge Abbott in February said a summary judgment was not possible with respect to that law because there were still issues to examine.

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[1] Url: https://dailymontanan.com/briefs/state-files-notices-of-appeal-in-abortion-cases-with-montana-supreme-court/

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