Wyoming Supreme Court rules laws restricting abortion unconstitional
The Wyoming Supreme Court made a significant ruling on Tuesday, declaring that two laws restricting abortion access in the state violate the state constitution. This includes the nation’s first explicit ban on abortion pills.
In a 4-1 decision, the court sided with the state’s only abortion clinic and other plaintiffs who had challenged the abortion bans enacted after the US Supreme Court overturned Roe v. Wade in 2022, returning the authority to regulate abortion back to individual states.
Despite Wyoming being a predominantly conservative state, the justices, all appointed by Republican governors, upheld previous lower court rulings that the abortion bans were unconstitutional under state law.
The case was brought by Wellspring Health Access in Casper, the abortion advocacy group Chelsea’s Fund, and four women, including two obstetricians. They argued that the laws violated a state constitutional amendment affirming the right of competent adults to make their own healthcare decisions. This amendment was approved by voters in 2012 in response to the federal Affordable Care Act.
The Wyoming Supreme Court acknowledged that the constitutional amendment was not specifically written to address abortion but stated that it was not their role to add new language to the state constitution. They suggested that lawmakers could propose a constitutional amendment to address the issue more clearly.
Wellspring Health Access President Julie Burkhart expressed satisfaction with the ruling, emphasizing that abortion is essential healthcare that should not be subject to government interference. The clinic has been providing reproductive health services, including abortions, since 2023 when it opened as the only facility in the state offering surgical abortions. The clinic faced setbacks during construction after a firebombing incident, resulting in a delay in its opening.
The state had argued that abortion does not constitute healthcare and therefore cannot violate the Wyoming constitution. Governor Mark Gordon expressed disappointment with the ruling and called on state lawmakers to pass a constitutional amendment prohibiting abortion for residents to vote on in the upcoming fall.
One of the laws overturned by the court aimed to ban abortion with exceptions for cases where the pregnant woman’s life is at risk, or in cases of rape or incest. The other law would have made Wyoming the only state with an explicit ban on abortion pills.
Abortion has remained legal in Wyoming following a ruling by Teton County District Judge Melissa Owens, who blocked the bans while the legal challenge was ongoing. Owens deemed the laws unconstitutional in 2024.
In addition to these laws, Wyoming had passed additional measures requiring abortion clinics to be licensed surgical centers and mandating ultrasounds before medication abortions. A separate lawsuit has temporarily blocked the enforcement of these laws pending further legal proceedings.
The outcome of this case has significant implications for reproductive rights in Wyoming and sets the stage for ongoing debates on the issue of abortion in the state.
