Montana Family Foundation Responds to Supreme Court’s Decision on CI-128 Challenge


FOR IMMEDIATE RELEASE
July 1, 2025
Montana Family Foundation Responds to Supreme Court’s Decision on CI-128 Challenge

Laurel, MT – The Montana Supreme Court has declined to exercise original jurisdiction over the Montana Family Foundation’s legal challenge to Constitutional Initiative 128 (CI-128), a radical abortion amendment that strips Montana of virtually all ability to regulate abortion—even up to the moment of birth.

The Court’s decision not to hear the case at this stage comes without fully addressing the merits of the Foundation’s constitutional arguments. Central to the case is the assertion that the submission of CI-128 to Montana voters violated Article XIV, Section 9(3) of the Montana Constitution, which requires “the proposed amendment”—not merely a summary or explanatory statement—to appear before voters on the ballot.

“The Montana Supreme Court has unfortunately chosen not to weigh in on this case at the outset,” said Derek Oestreicher, Chief Legal Counsel for the Montana Family Foundation. “We remain confident in the strength of our arguments and will now proceed at the district court level. While today’s decision is a setback in timing, it is not the end of the road. This is justice delayed—not justice denied.”

In a procedural development, the Court also granted a petition for intervention filed by the supporters of CI-128, who now seek to protect their substantial financial investment in the amendment’s passage.
Today marks the first day of CI-128’s enactment in Montana. The measure, now part of the state constitution, prohibits virtually any form of state regulation on abortion, even those protecting women’s health or unborn children in the final weeks of pregnancy.

“The people of Montana have a right to understand what they’re voting on—especially when it involves rewriting the state constitution to permit abortion without limitation,” Oestreicher said. “This fight is far from over. We expect this challenge will ultimately return to the Montana Supreme Court, and we are preparing for the long road ahead.

”The Montana Family Foundation remains committed to protecting the sanctity of life, the integrity of Montana’s constitutional process, and the right of every voter to make an informed decision.

For media inquiries, contact:
Derek Oestreicher
Montana Family Foundation
Phone: (406) 628-1141

Derek J. Oestreicher
Chief Legal Counsel and Director of Government Affairs, Montana Family Foundation

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