Planned Parenthood of Montana Wins Significant Court Decision, Thanks to Legal Representation by WilmerHale at the State's Highest Court.
In a landmark decision, the Montana Supreme Court has reaffirmed and expanded the state's constitutional protections for abortion rights, affirming Planned Parenthood of Montana's (PPMT) right to provide abortion services and declaring the 2021 abortion restrictions unconstitutional.
The court's ruling, handed down on June 9, 2025, upheld a lower court's decision to permanently block three state laws restricting abortion access, which included a ban on abortions beyond 20 weeks of gestation, regulations on medication abortions, and requirements for providers to offer patients an ultrasound and fetal heartbeat information before proceeding.
Central to the court's ruling was the Montana Constitution's right to privacy, which the justices interpreted as including a woman's right to have an abortion. This right was not diminished by the 2022 U.S. Supreme Court ruling that overturned Roe v. Wade and ended federal constitutional protections for abortion rights.
The Montana Constitution's right to privacy is broader than and independent of federal law, the court stated, citing the pivotal 1999 Montana Supreme Court decision that had established the state constitution protects a woman’s right to obtain an abortion before fetal viability from her chosen provider. This right was further solidified by a 2024 constitutional initiative passed by Montana voters.
There was a minor dissent from Justice Jim Rice, who favored overturning the foundational abortion rights precedent but did not succeed.
The U.S. Supreme Court, in a separate decision in July 2025, declined to reinstate Montana's Parental Consent for Abortion Act for minors, signaling that federal courts are not currently supporting further restrictions under parental rights claims related to abortion in Montana.
Planned Parenthood of Montana was represented by Planned Parenthood Federation of America, local counsel Raph Graybill, and a team led by Michelle Nicole Diamond and Alex Miller from WilmerHale. The WilmerHale team successfully defended the preliminary injunction before the Montana Supreme Court in August 2022 and won summary judgment on all claims in February 2024.
The court's ruling is a significant victory for reproductive rights in Montana, as it expands the state's constitutional protections and diverges from the federal landscape where abortion rights are more restricted since the 2022 Supreme Court decision. The ruling recognises reproductive decisions, including the decision to obtain a pre-viability abortion or carry a pregnancy to term, as deeply personal and unique.
- The Montana Supreme Court's decision in 2025, upholding abortion rights, is a policy-and-legislation milestone that directly conflicted with the 2022 U.S. Supreme Court ruling, highlighting a difference in state and federal regulations, specifically in war-and-conflicts and crime-and-justice arenas.
- The broad interpretation of the Montana Constitution's right to privacy, which includes a woman's right to have an abortion, has made Montana a center of litigation regarding reproductive rights, setting it apart from other states where such rights are more restricted, as seen in general-news reports.
- The successful defense of Planned Parenthood of Montana's rights by legal teams such as WilmerHale in litigation has not only expanded Montana's constitutional protections for abortion rights but also challenged existing federal policies and legislation on the issue, thereby influencing the politics surrounding reproductive health in the U.S.
