Cross v. State

Summary

The Montana Supreme Court affirmed a preliminary injunction barring enforcement of SB 99, holding that the plaintiffs had standing and had made the required preliminary showing on their Montana constitutional privacy claim. The Court held that SB 99 implicates a fundamental privacy right and that the district court did not manifestly abuse its discretion in finding likely success, irreparable harm, favorable equities, and a public interest supporting relief. The Court left the ultimate constitutional issues and disputed medical facts for trial.