In November, Montana voters voted to protect abortion rights in the state constitution. At the same time, they elected a new chief justice to the Montana Supreme Court, Cory Swanson, who was supported by anti-abortion groups. This creates a potential conflict, as the court will soon have to decide how far abortion protections go. With Swanson’s arrival, the court has become more conservative, which could influence the outcome of upcoming legal battles.
This situation is happening in other states as well. In November, voters in seven out of ten states where abortion was on the ballot chose to protect abortion rights. However, courts in these states will now need to untangle existing abortion laws and determine how new laws fit with voter-approved protections. The makeup of state supreme courts plays a big role in how these cases will be decided.
Since the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned federal abortion protections, abortion-related legal fights have moved to state courts. These state courts have become the final decision-makers on abortion laws. This has led to more expensive state supreme court races, like the 2023 election in Wisconsin, where over $42 million was spent. Abortion access was a major issue in these races, with candidates on both sides backed by ideological groups.
In Michigan, non-candidate groups spent over $7.6 million in a state supreme court election, emphasizing the importance of abortion rights. Two Democratic-backed candidates won their races, ensuring abortion protections would remain intact. In Missouri, after voters passed an abortion protection amendment, some Republican leaders are calling for changes to how judges are selected, aiming to make them more accountable to the public.
In Montana, at least eight cases are currently challenging laws that restrict abortion access. Planned Parenthood Advocates of Montana is concerned that the newly elected conservative justices may not support abortion rights. This leaves uncertainty about how the state supreme court will rule on abortion in the future.
As the Montana legislative session begins, Republican lawmakers are proposing new abortion restrictions and considering changes to how judges are elected. This will likely lead to more court cases on abortion, and the outcome will depend on the decisions made by the state supreme court.
