Montana
Montana strikes down 3 pro-life laws; Where abortion stands in the state
In a February 29 ruling, District Court Judge Kurt Krueger struck down three Montana pro-life laws as “unconstitutional” that had been in limbo since a preliminary injunction in 2021.
Montana Governor Greg Gianforte initially signed the three pro-life bills HB 136, HB 171, and HB 140 into law on April 26, 2021. However, on September 30, 2021, just hours before the laws were set to take effect, Yellowstone County District Judge Michael Mose issued a temporary injunction to halt enforcement of the three laws due to a legal challenge filed by Planned Parenthood.
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Analysis of the laws
Here’s a breakdown of what the three pro-life laws would have accomplished if they would have been allowed to stand:
HB 136
The Montana Pain-Capable Unborn Child Protection Act, also known as HB 136, would have prohibited abortions after 20 weeks, the point at which nerves link pain receptors to the baby’s brain and abortion is certain to cause the baby pain. The act reinforced the concept of fetal pain by pointing out that fetal anesthesia is used when operating on unborn children of this age. The only exception to this law would have been in cases of maternal medical emergency where an immediate abortion was necessary to prevent the mother’s death or “serious risk of substantial and irreversible physical impairment of a major bodily function.” The act would have allowed abortionists found guilty of violating the law to be charged with a felony as well as allowed the woman, the father of the unborn child, the woman’s parent or guardian (if the woman was a minor), or the woman’s spouse to sue the abortionist for civil remedies, including damages and attorney fees.
HB 171
The Montana Abortion-Inducing Drug Risk Protocol Act, also known as HB 171, would have implemented strict protocols on how chemical abortions had to be handled to ensure the woman’s safety and informed consent. The act included:
● A 24-hour waiting period for chemical abortions — Under the law, women would have had to sign a consent form 24 hours before undergoing a chemical abortion, except in cases where immediate abortion was necessary to prevent death or “the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.”
● An in-person requirement — The law would have prohibited abortion-inducing drugs from being distributed by the “manufacturer, supplier, medical practitioner, qualified medical practitioner, or any other person” “via courier, delivery, or mail service,” requiring a woman to be seen in-person by a qualified medical practitioner in order to receive abortion-inducing drugs. During the in-person visit, the abortionist would have had to verify pregnancy, determine the woman’s blood type and Rh negativity, and inform the woman she could possibly see the remains of her child during the abortion process as well as document gestational age, intrauterine location of the pregnancy, and whether the mother was treated for Rh negativity. The act also stated the abortionist would have to be qualified to manage complications as well as initiate emergency transfer and follow up with the woman again in person 7-14 days after the abortion to ensure complete termination and assess bleeding.
● A prohibition on abortion-inducing drugs in schools or on school grounds — HB 171 would have explicitly prohibited elementary, secondary, or postsecondary schools from providing abortion drugs on school grounds.
● A detailed description of reporting requirements — The law would have required abortionists to follow strict instructions regarding reporting adverse events and complications women face during an abortion.
● A detailed description of informed consent requirements — Under the Montana Abortion-inducing Drug Risk Protocol Act, a consent form would have had to inform the woman of the following:
○ Probable gestational age
○ Steps of the chemical abortion process
○ Risks of the specific abortion-inducing drug(s) being used
○ Risks of the chemical abortion process
○ Abortion will result in the death of the unborn child
○ Information about Rh incompatibility and how it could impact fertility without treatment
○ Information about the possibility of abortion pill reversal, including that time is of the essence when deciding to attempt abortion pill reversal, where to find abortion pill reversal, and that studies suggest there is no greater risk of birth defects or maternal mortality after successful abortion pill reversal
○ She could potentially see remains of the child during the abortion process
○ She has a choice and cannot be forced into an abortion
○ She can withdraw consent at any time
○ She can sue if she feels coerced or misled prior to obtaining an abortion and how to access state resources for help with litigation
The act would have allowed abortionists found guilty of violating the law to be charged with a felony and fined up to $50,000, imprisoned up to 20 years, or both. It would have also allowed civil suits and professional sanctions to be brought against the abortionist.
HB 140
HB 140 would have required that a woman must be given the opportunity to view an active ultrasound and ultrasound images as well as the opportunity to listen to the fetal heart tone before undergoing an abortion. The only exception to this law would have been if an immediate abortion were necessary to save the mother’s life, prevent serious risk of the mother suffering “substantial and irreversible impairment of a bodily function,” or remove an ectopic pregnancy. Had the law gone into effect, any abortionist found guilty in violation of the law would have faced a civil penalty of $1,000.
The ruling
On Thursday, February 29, almost a year-and-a-half since the initial temporary injunction, Judge Kurt Krueger issued a 19-page ruling in the case of Planned Parenthood and Samuel Dick, M.D. v. State of Montana and placed a permanent injunction against all three pro-life laws to ensure they do not go into effect.
In the decision, Krueger claimed the laws violated Montana’s Constitution by infringing on privacy and were not rooted in medical necessity or science.
In response to the Montana Pain-Capable Unborn Child Protection Act, he cited the 1999 Montana Supreme Court decision in the case of Armstrong v. State of Montana, which found pre-viability abortion to be constitutional under the state constitution’s right to privacy. He also claimed there is no medical consensus about fetal pain at 20-24 weeks gestation and that fetal pain alone is not sufficient for intrusions of privacy.
Judge Krueger even went as far to say, “If that were the case, the state might well be justified in banning pregnancy altogether for fear that the mother (or the baby) could experience pain in childbirth.”
Likewise, he found the common sense and informed consent measures in the Montana Abortion-Inducing Drug Risk Protocol Act would place an undue burden on those seeking abortion, stating the law “violates the right to privacy by imposing numerous and severe burdens on patients and providers, which lack a basis in demonstrable medical science and do not apply to any other medical treatment.” For example, Krueger pointed out that “Montana law does not expressly authorize or prohibit telehealth for any other medical provider.”
Furthermore, Krueger claims offering women ultrasounds and listening to the fetal heart tone is not medically necessary or legally necessary for informed consent.
In his conclusion he writes, “The court finds all three laws incompatible with the text of the Montana Constitution and values it recognizes, and therefore deems them void and unenforceable.”
Current state of abortion in Montana
Abortion in Montana currently remains legal up to the vague and outdated viability standard, with the exception of abortion necessary to save the life of the mother or prevent serious risk to the mother’s physical health. Abortion in the state also does not require a waiting period, and due to a ruling from the Montana Supreme Court last year, does not have to be performed by a doctor but rather can be performed by a nurse. However, Montana pregnancy resource centers outnumber abortion clinics 19 to 5 and are ready to help bring real and life-affirming choices to mothers in need.
Tweet This: Pro-life supporters pray for better outcomes in upcoming cases on pro-life laws than that of 3 Montana pro-life laws struck down in February
Upcoming rulings
More Montana pro-life laws are also currently tied up in legal challenges, including:
● HB 7221 — HB 7221 would prohibit D & E, otherwise known as dismemberment, abortion.
● HB 544 — HB 544 would require prior authorization before the state Medicaid program pays for abortions.
● HB 862 — HB 862 would block state funding for abortions except in cases of rape, incest, or when the mother’s life is in danger.
● HB 391 — HB 391 would require anyone under 18 to get notarized written consent from their parent or legal guardian in order to get an abortion.
In fact, the Montana Supreme Court began hearing arguments in the decade-long challenge to the parental consent law HB 391 on Wednesday, March 6, 2024. Pro-lifers pray for better outcomes for all these cases.
DILLON, Mont. — Low oxygen levels and excess nutrients led the Montana Department of Environmental Quality to officially determine that the Big Hole River is impaired, state officials said.
The conditions are affecting aquatic life and recreation along parts of the river. Officials said the nutrients can fuel algae and plant growth, especially during hot, low-water conditions.
The Big Hole has been the focus of water quality restoration efforts for decades, with more than $1.3 million in federal Clean Water Act funding invested since 1988.
The impairment will be included in DEQ’s next water quality report. Restoration work and funding for the watershed will continue.
In these Montana towns a stranger rarely stays a stranger for long. Shopkeepers in Philipsburg know their regulars by name. Bigfork neighbors fill the same theater seats every summer. Livingston locals still swap trail tips with visitors over coffee. The welcome here comes from people who greet newcomers like they belong. These eight communities show what small-town Montana hospitality looks like up close.
Whitefish
Whitefish sits within an hour of Glacier National Park, and that proximity shapes everything about the town. Central Avenue runs on covered Old West walkways lined with local shops, restaurants, and galleries, and the crowd shifts with the seasons as skiers give way to summer hikers.
Glacier National Park draws visitors with hundreds of miles of hiking trails, alpine lakes, and the scenic Going-to-the-Sun Road. Closer to town, Whitefish Lake offers public beaches, boat rentals, paddleboarding, and fishing during the warmer months. When winter arrives, Whitefish Mountain Resort becomes the area’s main attraction, with ski runs, snowboarding terrain, and gondola rides overlooking the Flathead Valley. Even after a day outdoors, many visitors return to downtown Whitefish to browse local shops or settle in at the town’s restaurants and breweries.
Bigfork
Sitting on the northeastern shore of Flathead Lake, Bigfork pairs a working harbor with a downtown built around its artists. Galleries and studios cluster within a few walkable blocks, and the water is never out of sight for long.
Flathead Lake is the town’s biggest draw, with boating, kayaking, fishing, and swimming on the largest natural freshwater lake west of the Mississippi River in the lower 48 states. Just offshore, Wild Horse Island State Park lets visitors hike among native wildlife, including wild horses, bighorn sheep, bald eagles, and mule deer. Theater lovers can catch a Broadway-style production at Bigfork Summer Playhouse, which has staged live performances for decades. Before leaving town, visitors can browse the independently owned galleries and studios showcasing paintings, sculptures, ceramics, and other work by Montana artists.
Philipsburg
Philipsburg made its money in silver, and the painted storefronts along Broadway Street date to those boom years. The old buildings now hold local businesses, and the mining past is easy to trace from one block to the next.
A visit to Gem Mountain Sapphire Mine lets visitors sift through mining gravel for Montana sapphires, many of which can be cut into finished gemstones. Just outside town, Granite Ghost Town State Park preserves the remains of a silver mining community, with abandoned buildings that mark the region’s boom years. Those interested in local history can stop at the Granite County Museum, where exhibits cover the area’s mining industry and early settlement. Before leaving, many visitors make time for The Sweet Palace, a candy store that has become one of the town’s signature stops.
Livingston
Livingston sits on the Yellowstone River and serves as a northern gateway to Yellowstone National Park. Restored commercial buildings house an active arts scene, and the Absaroka Range rises just south of the rooflines.
The historic downtown works as the town’s main visitor area, with independent bookstores, outfitters, cafes, and long-standing local businesses inside restored commercial buildings. At the Yellowstone Gateway Museum, exhibits trace the region’s history through Indigenous presence, railroad expansion, and early settlement in the Yellowstone Valley. Small galleries across the downtown core show work by regional artists whose subjects often reflect the river valley and the mountains around it.
Red Lodge
Red Lodge marks the start of the Beartooth Highway, one of the highest paved roads in the country. Its compact, walkable downtown keeps locally owned shops and restaurants busy in every season.
The Beartooth Highway climbs into the Absaroka-Beartooth Wilderness and continues toward Yellowstone National Park, with steep mountain passes, alpine lakes, and long-range views. In winter, Red Lodge Mountain becomes a major recreation area for skiing and snowboarding, with terrain that draws residents and visitors alike. During the warmer months, hiking trails in the surrounding mountains open onto forests, ridgelines, and wildlife viewing areas. Downtown Red Lodge stays active year-round, with local businesses and historic buildings packed into a walkable core.
Choteau
Choteau sits where the prairie meets the Rocky Mountain Front, and dinosaurs put it on the map. Fossil beds nearby produced some of the most important dinosaur nesting discoveries in North America, and the town leans into that history.
At the Old Trail Museum, exhibits cover the region’s natural history, including fossil finds and artifacts tied to its prehistoric past. The surrounding country is known for wildlife viewing, with elk, deer, and many bird species in the foothills and open plains near town. Just outside Choteau, fossil sites linked to major dinosaur discoveries have built the area’s reputation in paleontology research. The Rocky Mountain Front opens onto hiking routes and wide viewpoints where the plains give way to the peaks.
Stevensville
Stevensville is the oldest permanent settlement in Montana, founded in 1841 as St. Mary’s Mission. It sits in the Bitterroot Valley between the Bitterroot and Sapphire mountains, and the town center still runs at a slower pace.
St. Mary’s Mission is the town’s most significant landmark, preserving the mission’s early buildings and marking the first permanent Euro-American settlement in what became Montana. The Bitterroot Valley around Stevensville is known for its orchards, farmland, and mountain views, and it serves as a corridor to nearby communities and recreation areas. Local boutiques and small shops fill a compact town center that reflects its long history. Hiking trails in the nearby foothills reach forested terrain, open meadows, and views of the Bitterroot Mountains, drawing the most traffic during the warmer months.
Virginia City
Virginia City boomed after an 1863 gold strike in Alder Gulch, and much of that town survived. Wooden boardwalks, original storefronts, and period buildings still line the Main Street, so a walk here doubles as a walk through the 1860s.
Historic structures throughout the town can be toured to see how miners, shopkeepers, and early settlers lived during the gold rush era. Several small museums and preserved buildings cover mining equipment, frontier life, and local governance during the 1800s. Costumed interpreters run seasonal reenactments as well, recreating daily routines and events from Virginia City’s early years.
Small Towns Worth the Detour
These eight towns show how much Montana packs into its smaller communities. Livingston and Whitefish put national parks within reach of a walkable downtown, while Philipsburg and Virginia City keep their mining-era streets intact and open to visitors. Choteau turns fossil country into a point of local pride, and Stevensville carries the state’s oldest roots. Anyone looking for genuine small-town hospitality will find plenty of it across these Montana communities.
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at July 9, 2026, results for each game:
Winning Big Sky Bonus numbers from July 9 drawing
08-21-24-29, Bonus: 16
Check Big Sky Bonus payouts and previous drawings here.
Winning Millionaire for Life numbers from July 9 drawing
02-15-22-54-58, Bonus: 04
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the Montana Lottery drawings held?
- Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Mega Millions: 9 p.m. MT on Tuesday and Friday.
- Lucky For Life: 8:38 p.m. MT daily.
- Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
- Big Sky Bonus: 7:30 p.m. MT daily.
- Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Montana Cash: 8 p.m. MT on Wednesday and Saturday.
- Millionaire for Life: 9:15 p.m. MT daily.
Missed a draw? Peek at the past week’s winning numbers.
This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.
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