Montanans are voting on a ballot measure that would protect abortion up until the point of fetal viability, codifying current law in this red state. 

The state Supreme Court ruled in 1999 that the state constitution’s right to privacy includes a right to abortion, and while abortion is legal to the point of fetal viability in Montana, lawmakers have repeatedly tried to restrict the procedure. 

The measure made it past a few hurdles. The Montana Supreme Court rejected a challenge from GOP Attorney General Austin Knudsen, who argued the first version of Planned Parenthood’s proposed language was “legally insufficient” and “logrolls multiple distinct political choices into a single initiative.”

The court also struck Knudsen’s proposed fiscal note estimating the measure would have a fiscal impact on the state. 

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