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Montana Abortion Law Post-Dobbs
Montana repealed its pre-Roe ban in 1974. In 1999, the Montana Supreme Court held that the right to privacy under the state constitution includes the right to terminate a pregnancy. Because this right is rooted in state law, abortion remains legal even without Roe. Any new restrictions the Montana legislature passes will need to comply with the holding in Armstrong. Despite this, the state legislature may well continue its efforts to create restrictions on abortion through legislation.