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HELENA, MT - Governor Greg Gianforte today released the following statement after the Montana Supreme Court ruled as unconstitutional three laws aimed at protecting the life, health, and welfare of mothers and their babies:
“Activist justices on the Montana Supreme Court continued their series of attacks on commonsense measures to protect the life, health, and welfare of mothers and their babies. Clinging to a shaky, outdated ruling and failing to account for the U.S. Supreme Court’s decisions, these activist justices aren’t interpreting the law. They’re overreaching, making law from the bench and rejecting the will of Montanans’ duly-elected representatives who make laws.
“These activist justices rejected modern medicine and are instead clinging to medical care available more than 50 years ago. Ultimately, they have failed the lives, health, and welfare of mothers and their babies, and they should be ashamed.
“As a pro-life governor, I believe all life is precious and must be protected. I will continue to defend the lives of those who cannot speak for themselves. I’ll also pray for changed hearts as we work to bring about a culture of life for every Montanan, born and unborn.”
Background:
On April 26, 2021, Governor Gianforte signed three measures into law to protect the health and life of mothers and their babies. First, HB 136 prohibited abortion in the case of babies who can feel pain, generally defined as a baby 20 or more weeks old. Second, HB 140 required that a pregnant woman be afforded the opportunity to view an active ultrasound and listen to a baby’s heartbeat before undergoing an abortion. Third, HB 171 established a protocol for the prescription of abortion-inducing drugs to protect the health and welfare of mothers, requiring in-person visits for prescribing and dispensing of chemical abortion drugs.
On June 9, 2025, six of the seven justices of the Montana Supreme Court – including four justices and two district court judges sitting for two now-retired justices – struck down all three laws in Planned Parenthood v. State of Montana. Justice Jim Rice concurred in part and dissented in part.