Weems v. StateAnnotate this Case
The Supreme Court upheld a district judge's order temporarily permitting qualified advanced practice registered nurses (APRNs) to perform outpatient early-term abortions while the APRNs challenge the constitutionality of a state law that restrictions abortion practice to physicians and physicians' assistants, holding that preliminary injunctive relief was appropriately granted.
In 2005, the Montana Legislature amended Mont. Code Ann. 50-20-109(1)(a) to restrict the performance of pre-viability abortions to licensed physicians and physician assistants-certified. In 2018, Plaintiffs, a certified nurse practitioner and a certified nurse midwife, filed this action seeking a declaratory judgment that the statute violates Montana citizens' constitutional right of privacy, equal protection and dignity. Plaintiffs moved for a preliminary injunction, and the district court granted that relief. The State appealed. The Supreme Court affirmed, holding that Plaintiffs presented sufficient evidence at this stage of the proceedings to establish a likelihood of irreparable injury during the pendency of the lawsuit to patients who would qualify for the lawful medical procedure.