PLANNED PARENTHOOD OF MONTANA v. STATE

DA 23-0287.

557 P.3d 440 (2024)

2024 MT 228

PLANNED PARENTHOOD OF MONTANA; All Families Healthcare; Blue Mountain Clinic; Samuel Dickman, M.D., and Helen Weems, APRN-FNP, on behalf of themselves and their patients, Plaintiffs and Appellees, v. STATE of Montana; Montana Department of Public Health and Human Services; and Charlie Brereton, in his official capacity as Director of the Department of Public Health and Human Services, Defendants and Appellants.

Supreme Court of Montana.

Decided: October 9, 2024.


Attorney(s) appearing for the Case

For Appellants: Austin Knudsen, Montana Attorney General, Michael D. Russell, Thane Johnson, Alwyn Lansing, Michael Noonan, Assistant Attorneys General, Helena, Montana, Emily Jones, Special Assistant Attorney General, Jones Law Firm, PLLC, Billings, Montana.

For Appellees Planned Parenthood of Montana and Samuel Dickman, MD: Raph Graybill, Graybill Law Firm, Great Falls, Montana, Tanis M. Holm, Edmiston & Colton Law Firm, Billings, Montana, Peter Im, Planned Parenthood Federation of America, Inc., Washington, District of Columbia, Dylan Cowit, Planned Parenthood Federation of America, Inc., New York, New York.

For Appellees All Families Healthcare, Blue Mountain Clinic, and Helen Weems: Alex Rate, ACLU of Montana, Missoula, Montana, Erin M. Erickson, Bohyer, Erickson, Beaudette, and Tranel P.C., Missoula, Montana, Hillary Schneller, Jen Samantha D. Rasay, Center for Reproductive Rights, New York, New York.

For Amicus National Health Law Program: Michael G. Black, Attorney at Law, Helena, Montana.

For Amici National Association of Nurse Practitioners in Women's Health, American College of Nurse-Midwives, American Academy of Physician Associates, and Association of Physician Associates in Obstetrics and Gynecology: Lindsay C. Beck, Attorney at Law, Bozeman, Montana, Jonathan K. Youngwood, Simpson Thacher & Bartlett LLP, New York, New York, Simona G. Strauss, Simpson Thacher & Bartlett LLP, Palo Alto, California.

For Amici American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine, and Society of Family Planning: Rylee Sommers-Flanagan, Dimitrios Tsolakidis, Mikaela Koski, Upper Seven Law, Helena, Montana, Nicole A. Saharsky, Mayer Brown LLP, Washington, District of Columbia.

For Amici Legal Voice, Montana Coalition Against Domestic & Sexual Violence, Asian Pacific Institute on Gender-Based Violence, Coalition Ending Gender-Based Violence, The National Domestic Violence Hotline, and Sexual Violence Law Center: Matthew Gordon, Perkins Coie LLP, Seattle, Washington.


¶1 Defendants and Appellants the State of Montana, the Montana Department of Public Health & Human Services (DPHHS), and Charlie Brereton, in his official capacity as Director of DPHHS (collectively, "the State") appeal from the preliminary injunction issued by the First Judicial...

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