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Planned Parenthood v. State

Citation: Not availableDocket: DA 21-0521

Court: Montana Supreme Court; August 9, 2022; Montana; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Supreme Court of Montana reviewed an appeal by the State against a District Court's preliminary injunction that temporarily halted the enforcement of three abortion-related laws enacted by the 2021 Legislature. The case was brought by Planned Parenthood of Montana and Dr. Joey Banks, challenging House Bills 136, 171, and 140 on the grounds that they violate constitutional rights to privacy and equal protection. HB 136 prohibits abortions after twenty weeks, HB 171 imposes restrictions on telehealth for medication abortions, and HB 140 requires providers to offer patients the opportunity to view ultrasounds and hear fetal heart tones. The District Court granted a preliminary injunction based on a prima facie showing of constitutional violations, applying strict scrutiny to these laws due to their interference with fundamental rights. The State's appeal argued misapplication of the injunction standard and sought the adoption of a federal standard requiring a likelihood of success on the merits. However, the Supreme Court upheld the injunction, affirming the prima facie standard and recognizing the potential for irreparable harm, especially regarding the loss of constitutional rights. The case will proceed to trial for further judicial examination of the merits of the claims.

Legal Issues Addressed

Application of Strict Scrutiny in Abortion Laws

Application: The court applied strict scrutiny to the abortion-related laws, noting that they interfere with the fundamental right to privacy.

Reasoning: The State contended that the District Court misapplied strict scrutiny, arguing that the laws affect but do not restrict abortion.

Constitutional Rights to Privacy and Equal Protection

Application: The plaintiffs argued that the challenged laws infringe on their rights to privacy and equal protection as guaranteed by the Montana Constitution.

Reasoning: The plaintiffs assert that these laws violate rights to privacy and equal protection under the Montana Constitution.

Irreparable Injury as Grounds for Preliminary Injunction

Application: A preliminary injunction was justified as the loss of a constitutional right was deemed an irreparable injury.

Reasoning: A prima facie case was established demonstrating that the loss of a constitutional right can lead to irreparable injury, particularly in the context of the right to privacy and access to pre-viability abortion.

Preliminary Injunction Standards under Montana Law

Application: The Supreme Court of Montana affirmed that a preliminary injunction requires demonstrating a prima facie case of constitutional violations and potential irreparable harm.

Reasoning: The Supreme Court affirmed the District Court's decision, concluding that the plaintiffs demonstrated a prima facie case of constitutional violations and potential irreparable harm if the laws were enforced.

Prima Facie Standard for Preliminary Injunction

Application: Montana courts require a prima facie showing for a preliminary injunction, indicating potential harm and rights violations, without needing certainty of victory.

Reasoning: Historical precedent shows that since at least 1912, Montana courts have accepted the prima facie standard for preliminary injunctions, indicating that a plaintiff need not prove an outright entitlement to relief but must show a prima facie case or a risk of irreparable injury.