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Weems v. Montana (Supreme Court of Montana, May 12, 2023) In Weems v. Montana, the Supreme Court of Montana upheld the state constitutional right to access abortion while striking down a law that prohibited advanced practice registered nurses from providing abortion care. Read the full Opinion here.

Advanced practice registered nurses (APRNs) filed suit to block a Montana law that prohibits APRNs from providing abortion care, alleging that the prohibition interferes with pregnant people’s right to access to abortion as provided in the Montana Constitution. The state argued that the legislature has power to determine the scope of practice of APRNs and that the law was based on safety concerns because APRNs are not qualified to provide abortion care. The Court disagreed, finding that the “Montana Constitution guarantees a woman a fundamental right to privacy to seek abortion care from a qualified health care provider of her choosing, absent a clear demonstration of a medically acknowledged, bona fide health risk.” The Court further found that the state failed to produce evidence of a public health risk associated with APRNs providing abortion care, noting that “abortion care is one of the safest forms of medical care in this country and the world and that advanced practice registered nurses are qualified providers.” Read the full Opinion here.

View all cases in the Judicial Trends in Public Health – August 15, 2023.

View all cases under “Public Health Information Management, Privacy and Security.”