Montana Judge Grants Planned Parenthood’s Request for Temporary Block on 2nd Trimester Abortion Ban

A sign is displayed at Planned Parenthood in Salt Lake City, Utah, on Aug. 21, 2019. Rick Bowmer/AP Photo

A Montana judge has temporarily blocked the state from enforcing a 15-week “dismemberment” abortion ban just hours after it was enacted.

District Judge Mike Menahan granted a request by Planned Parenthood of Montana for a temporary restraining order on the enforcement of the law on May 18 after the organization argued it is unconstitutional.

Menahan set a hearing to consider a preliminary injunction in the case for May 23.

In his order (pdf) the judge wrote that “the balance of equities weighs in favor of granting Plaintiffs and their patients temporary relief,” adding that the abortion ban, known as House Bill 721, presents a “prima facie constitutional violation.”

“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,” he wrote. “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.”

Planned Parenthood of Montana’s case, and subsequently its temporary restraining order request, lists the state of Montana, Attorney General Austin Knudsen, the Montana Department of Public Health and Human Services, and its Director Charlie Brereton as defendants.

“The State of Montana, the Department of Public Health and Human Services, and their officers, agents, employees, and attorneys are hereby temporarily restrained from enforcing, threatening to enforce, or otherwise applying the challenged provisions of HB 721 until further order of this Court,” following the hearing scheduled for next week, Menahan concluded.

House Bill 721 (pdf) was signed into law by Montana Gov. Greg Gianforte on May 18.

Dilation Abortions Explained

The legislation restricts “dismemberment abortion”—also referred to as dilation and evacuation abortion— after 15 weeks but includes an exception in cases when it is being performed owing to a medical emergency in which the child would not survive outside of the womb with or without artificial support.

Dilation and evacuation procedures are typically performed in the second trimester.

During the procedure, an abortionist “first dilates the woman’s cervix and then uses instruments to dismember and extract the baby from the uterus,” according to Abortion Procedures.

“The abortionist then collects all of the baby’s parts and reassembles them to make sure there are two arms, two legs, and that all of the pieces have been removed,” the website states.

Planned Parenthood of Montana argues dilation is the safest and most common method of abortion after approximately 15 weeks of pregnancy.

A 3D ultrasound showing a baby inside the womb. Fotopress/Getty Images

Under House Bill 721, anyone who performs a dilation and evacuation abortion in violation of the law risks being found guilty of a felony and charged with 5 to 10 years in prison and a fine of up to $50,000.

A woman on whom an abortion is performed, induced, or attempted may not be prosecuted for conspiracy to commit a violation of the law.

The legislation notes that around 12 weeks, “an unborn human being can open and close fingers, starts to make sucking motions, senses stimulation from the world outside the womb, and can likely experience pain.”

At 15 weeks, an unborn human’s heart is “already beating,” the law notes.

‘Politics Has No Place in the Exam Room’

According to the Centers for Disease Control and Prevention (CDC), 5.8 percent of abortions took place between 14–20 weeks of pregnancy in 2020, and less than 1 percent of abortions happened after 21 weeks, although not all states are required to report abortion data to the CDC.

Martha Fuller, president and CEO of Planned Parenthood of Montana, said the organization will continue to work on challenging abortion laws in the state.

“We’re glad the district court has once again recognized the grave harm these anti-abortion laws will have on people seeking basic health care and stepped in to grant this much-needed relief,” Fuller said in a statement to the Daily Montanan. “Politics has no place in the exam room and we will not stand by as lawmakers race to take away access to abortion and strip us of our personal freedom.”

Montana’s Supreme Court ruled in 1999 that the state’s constitutional right to privacy allows women to have an abortion from a provider of their choice before fetal viability.

Denise Harle, who serves as senior counsel with the Alliance Defending Freedom, a conservative Christian legal advocacy group serving as co-counsel with the Montana Attorney General’s Office, said in a statement Wednesday that it had filed a brief asking the court to deny Planned Parenthood’s request to block enforcement of the abortion law.

“Every human life is valuable, and every baby deserves to be protected. By enacting this critical legislation, Montana has affirmed the basic human rights of vulnerable children, whether born or unborn,” said Harle.

“The extreme lengths to which Planned Parenthood is willing to go to protect such a barbaric procedure makes it clear that the abortion industry only cares about its bottom line, not protecting women,” Harle added.