The Montana legislature is considering a proposal that would would interpret the state’s constitutional right to privacy to mean that it does not protect the right to an abortion, a move that would echo others in several states to severely restrict or ban abortion
upheld a ban on abortions on the same day that justices in South Carolina blocked a law that would ban abortions after cardiac activity in the fetus can be detected.
Supporters of Regier’s bill argue the Montana Supreme Court was wrong in its 1999 Armstrong ruling and Regier’s proposed law, which would likely face a legal challenge if it passed, would give the Montana Supreme Court a chance to reconsider its previous ruling. However, a group of Constitutional Convention delegates filed a brief in the case saying their intention was to leave it to the judiciary to determine what was included in Montana's constitutional right to privacy. The state Supreme Court declined Knudsen's request to take up the Armstrong ruling before the lower court held a hearing and ruled in the legal challenge to the 2021 abortion laws.
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