A CI-128 opponent in front of the Lewis and Clark County Fairgrounds on Nov. 5, 2024. (Photo by Blair Miller, Daily Montanan)

Two groups which were shot down unanimously by the Montana Supreme Court when it tried to halt a provision to protect the right to an abortion hours before it became part of the state’s constitution has kept its vow to take the fight to a state district court.

The Montana Life Defense Fund and the Montana Family Foundation filed suit in Yellowstone District Court late Tuesday afternoon, asking Judge Thomas Pardy to declare Constitutional Initiative 128, passed overwhelmingly by voters in November 2024, invalid because the full text was not printed on the ballot itself, something the group argues makes not just CI-128 illegal, but every amendment passed since 1978.

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