Montana is part of a national trend of increasing challenges to abortion access. An injunction was placed on three abortion restriction bills passed in the 2021 session. Now, Attorney General Austin Knudsen wants the state Supreme Court to lift the injunction.

The barrier to the bills being enforced is a 1999 case, Armstrong v. State, in which abortion access was linked to Montana's privacy protections. Knudsen called the decision "judicial activism."

Caitlin Borgmann, executive director of the ACLU of Montana, described the Armstrong decision as "Montana's Roe v. Wade."

"Without overturning Armstrong, they know that the measures like the ones that passed in 2021 are unconstitutional," she said. "I think that's pretty obvious, and that's why the attorney general is asking the Montana Supreme Court to overturn Armstrong."

The ACLU of Montana, along with the National Women's Law Center and the Center for Reproductive Rights, have filed a "friend of the court" brief, asking the court to keep the Armstrong decision in place. The bills lawmakers passed in 2021 restrict abortion after 20 weeks, require ultrasounds for patients seeking abortions and create barriers to obtaining abortion medication in person and by mail.

Borgman said a contingent of Montana politicians has made it their mission to stop abortions, but past polls have shown the majority of Montanans believe the medical procedure should be legal, in all or most cases.

"I don't think that that threat necessarily represents the will of Montanans as a whole," she said, "and Montana is just different, in that we have this specific protection in the Montana Constitution."

Borgmann said overturning the privacy protections in the Armstrong decision would affect more than just abortion access. She contended it would harm the state's most vulnerable populations, especially members of the LGBTQ community.

"These laws are a clear and deliberate attempt by politicians to undermine and denigrate the Montana Constitution," she said, " and not just the right to abortion, but the right to privacy more generally."

Nevada health-care providers, patients and advocates are responding to the U.S. Supreme Court case that'll determine the future of the Emergency Medical Treatment and Labor Act.

The federal law mandates Medicare-funded hospitals provide patients with stabilizing care in emergency situations, which include abortions.

Dr. Christine Miyake is an emergency physician with the Valley Health System in Las Vegas, and said abortions are sometimes a necessary part of health care.

"I saw a patient who ruptured her membranes early and developed a severe uterine infection," said Miyake. "She was dying from that infection. If they were not able to provide the abortion, she surely would have died - as no amount of antibiotics would've helped her."

Miyake said abortion bans around the country have driven physicians out of their respective states - causing hospitals to shut down their labor-maternity wards, making it harder for women to access what she called "basic pregnancy care."

In Nevada the right to an abortion is protected though state law, but an initiative petition is working to enshrine abortion rights in the state's constitution.

Laura Campbell is the director of the National Organization for Women's Nevada Chapter, and said she received lifesaving care while she was pregnant - and contended that EMTALA is key to protecting the very care that saved her life.

But anti-abortion proponents argue that state laws that ban abortion access can coexist with the federal law. Campbell disagreed.

"With total bans on abortions in neighboring states like Arizona, Utah, and Idaho," said Campbell, "there is no question that Nevadans deserve to have their abortion rights protected in the state constitution to ensure that no judge or politician can strip away the right to make their own health-care choices."

Eighty-six percent of the public supports protecting access to abortion for patients experiencing pregnancy-related emergencies, according to a recent KFF poll.




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The Missouri Legislature has approved a law to stop its Medicaid program, known as MO HealthNet, from paying Planned Parenthood for medical services for Medicaid patients.

The decision follows a court ruling which found not reimbursing Planned Parenthood through Medicaid goes against Missouri's constitution.

Emily Wales, president and CEO of Planned Parenthood Great Plains, said they have joined forces with Planned Parenthood St. Louis Region and Southwest Missouri and stand behind providing health care to those who need it. She argued the Legislature is causing confusion despite a clear decision from the highest court.

"Despite the court's repeatedly ruling that 'defunding' Planned Parenthood health centers is unconstitutional, lawmakers continue to deny critical care like birth control, cancer screenings, wellness exams and STI testing and treatment from the patients who need it," Wales stressed.

According to the Missouri Family Health Council, Planned Parenthood health centers serve nearly half of patients who rely on family planning safety net providers in the state. Planned Parenthood Great Plains and St. Louis Region Southwest Missouri will continue serving patients and is looking for alternative solutions for funding.

The new law also blocks Planned Parenthood from being a recognized provider in the state's Medicaid program. Wales pointed out it could hurt health care for people who rely on the safety net.

"There are not enough other providers in the health care safety-net system to absorb Planned Parenthood's patients," Wales pointed out. "At Planned Parenthood, we'll continue to do everything we can to serve our patients, no matter what."

Planned Parenthood Great Plains provides health care to more than 30,000 people in 13 health centers across Missouri, Arkansas, Kansas and Oklahoma. The St. Louis Region and Southwest Missouri chapter has been serving for more than 90 years.

The U.S. Supreme Court is set to hear oral arguments today in a case about whether patients have access to emergency room abortions in states banning the procedure.

Idaho v. United States could determine if providers can perform medically necessary abortions for women experiencing complications under decades-old rules known as the Emergency Medical Treatment and Labor Act.

Dr. Polly Wiltz, a second-year emergency medicine resident at University Hospitals in Cleveland, said she is worried about her ability to care for patients who need abortions, if protections end.

"We are putting ourselves at risk for allowing legislators -- allowing people who do not have medical training -- to pick and choose which procedures, which life-stabilizing treatments and medications can and cannot be applied in the emergency department," Wiltz pointed out. "It's infringing on patient rights."

The Center for American Progress said pregnant patients with severe complications who are denied abortions could develop severe sepsis requiring limb amputation, uncontrollable uterine hemorrhage requiring hysterectomy, kidney failure requiring lifelong dialysis, hypoxic brain injury and other severe conditions.

Wiltz added most of the patients with pregnancy complications coming into the hospital lack access to routine OBGYN-related care.

"Regarding pregnancy related complaints, I see first trimester pregnant patients every single day," Wiltz noted. "In my shift, I have caught ectopic pregnancies that have ruptured."

Hospitals made up 33% of the facilities providing abortions in 2020, according to data from the Pew Research Center. Last fall, a majority of Ohio voters chose to approve a constitutional amendment, "Issue 1," establishing a statewide right to abortion and reproductive care in the aftermath of the Roe versus Wade decision.


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