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Montana judge declares 3 laws restricting abortion unconstitutional (they were already blocked by an injunction)

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The laws, passed by the Montana legislature in 2021, would have banned abortion at 20 weeks, barred doctors from prescribing medication abortions via telehealth services, required a 24-hour waiting period for medication abortions, and would have required doctors to offer an ultrasound before an abortion.

The laws had been blocked by a preliminary injunction that was granted in October 2021. Under the court's ruling, the laws cannot be enforced.

Krueger's decision referenced a Montana Supreme Court precedent from 1999 finding the state's constitutional right to privacy protects access to pre-viability abortion. The state's high court reaffirmed that precedent in a ruling last spring.

Stare decisis FTW!