MT: Judge grants temporary restraining order against Montana abortion restriction bill

[RandySF]

A Lewis and County District Court judge granted a temporary restraining order Thursday blocking the newly signed bill that puts a ban on most dilation and evacuation abortions in Montana and set a hearing for next Tuesday to consider a preliminary injunction in the case.

Judge Mike Menahan wrote in his ruling Thursday morning that the plaintiffs in the case – Planned Parenthood of Montana and its chief medical officer Dr. Samuel Dickman – had shown that the main three sections of House Bill 721, which Republican Gov. Greg Gianforte signed on Tuesday, would cause them and their patients immediate irreparable harm.

“The balance of equities weighs in favor of granting Plaintiffs and their patients temporary relief. Whereas Plaintiffs and their patients face immediate, irreparable harm, Defendants will not be harmed by the issuance of a Temporary Restraining Order that preserves the status quo. Finally, the public interest weighs in favor of preserving the status quo and in ensuring access to constitutionally protected health care services pending adjudication of a preliminary injunction,” Menahan wrote in his order.

Further, he said that the facts Planned Parenthood of Montana has already established, if proven true, that the bill “presents a prima facie constitutional violation” and that the bill’s immediate effective date would cause the plaintiffs immediate and irreparable harm if the new law was not enjoined.




https://dailymontanan.com/2023/05/18/judge-grants-temporary-restraining-order-against-montana-abortion-restriction-bill/

[MontanaMama]

1. Thank goodness for Planned Parenthood.

This was a heavy lift by them. Donate if you can.