Weems et al. v. State

The Center for Reproductive Rights and the American Civil Liberties Union of Montana are challenging a Montana law that restricts access to abortion care in the state.

The lawsuit was filed on behalf of two advanced practice registered nurses (APRNs), including Helen Weems a certified nurse practitioner, and their patients. The lawsuit asks the court to block a Montana law that prohibits APRNs from providing abortion care, despite the demonstrated safety of abortion and the proven ability of APRNs to provide early abortion with the same safety and efficacy as physicians and physician assistants.

Only a handful of clinics currently provide abortions in Montana, each separated by great distances. Because of this shortage of abortion providers, many Montanans seeking access to abortion services face significant burdens, including the time and costs of having to travel several hours to their nearest provider.

In 1997, the Center for Reproductive Rights challenged a Montana law restricting the provision of abortion to physicians only. The law targeted Susan Cahill, then the only physician assistant providing abortion services in the state. The Montana Supreme Court struck down the law because it violated Montana’s strong constitutional protection for privacy and procreative autonomy, including an individual’s right to obtain an abortion from a health care provider of their choice.

Ms. Weems now joins Ms. Cahill to re-open All Families Healthcare, a clinic Cahill ran until it was vandalized and destroyed in 2014. All Families will restore abortion services to Flathead and the surrounding counties, which have been without an abortion provider since then.

Medical and public health authorities including the American College of Obstetricians and Gynecologists, the American Public Health Association and the World Health Organization have all concluded that laws prohibiting APRNs from providing early abortion services are medically unfounded.

Hillary Schneller and Hailey Flynn from the Center for Reproductive Rights and Alex Rate from the American Civil Liberties Union (ACLU) of Montana filed the challenge in Montana’s First Judicial District Court in Lewis and Clark County, on behalf of Helen Weems MSN, APRN-FNP and Jane Doe, MSN, CNM-WHNP.

Ms. Weems now joins Ms. Cahill to re-open All Families Healthcare, a clinic Cahill ran until it was vandalized and destroyed in 2014. All Families will restore abortion services to Flathead and the surrounding counties, which have been without an abortion provider since then.

Medical and public health authorities including the American College of Obstetricians and Gynecologists, the American Public Health Association and the World Health Organization have all concluded that laws prohibiting APRNs from providing early abortion services are medically unfounded.

On April 9th, 2018, we won a victory in the Weems lawsuit. The court granted our request to block the state from prosecuting our clients while the case proceeds. This means that our client, Helen Weems of All Families Healthcare in Whitefish, can immediately complete her training and begin providing safe and compassionate abortion care.

On April 26, 2019, the Montana Supreme Court ruled in our favor, upholding the District Court ruling.