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WEEMS v. STATE BY AND THROUGH KNUDSEN

DA 22-0207.

529 P.3d 798 (2023)

2023 MT 82

Helen WEEMS and Jane Doe, Plaintiffs and Appellees, v. STATE of Montana, BY AND THROUGH Austin KNUDSEN, in his official capacity as Attorney General; and Travis R. Ahner, in his official capacity as County Attorney for Flathead County, Defendants and Appellants.

Supreme Court of Montana.

Decided: May 12, 2023.

Attorney(s) appearing for the Case

For Appellants: Austin Knudsen , Montana Attorney General, Kathleen L. Smithgall , Brent Mead (argued), Assistant Solicitors General, Helena, Montana, Emily Jones , Special Assistant Attorney General, Jones Law Firm, PLLC, Billings, Montana.

For Appellees: Alex Rate , Akilah Lane , ACLU of Montana Foundation, Inc. Missoula, Montana, Hillary Schneller (argued), Center for Reproductive Rights, New York, New York.

For Amici National Association of Nurse Practitioners in Women's Health and the American College of Nurse-Midwives: Lindsay Beck , Beck, Amsden & Stalpes PLLC, Bozeman, Montana, Johnathan K. Youngwood , Simpson Thacher & Bartlett LLP, New York, New York.

For Amici Legal Voice and Women's Law Project: Mathew Gordon , Perkins Coie LLP, Seattle, Washington.

¶1 The State of Montana appeals the February 25, 2022 Order on Motions for Summary Judgment entered in the First Judicial District Court, Lewis and Clark County. The District Court held § 50-20-109(1)(a) (2005), MCA, which restricts providers of abortion care to physicians and...

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