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Montana Supreme Court declares 2021 abortion restrictions unconstitutional

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Montana Senate Montana’s Supreme Court upheld a lower court ruling that struck down as unconstitutional several laws restricting abortion access, including a ban beyond 20 weeks of gestation.

The measures approved by Republican lawmakers in 2021 had been blocked since a judge issued a preliminary injunction against them that year. While the case was pending, voters passed an initiative that enshrined the right to abortions in the Montana Constitution.

Justices said in Monday’s ruling that the state constitution included a “right to be left alone” and have access to abortions. They said that right was not affected by a 2022 U.S. Supreme Court ruling that overturned Roe v. Wade and ended a half-century of nationwide abortion rights.

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