Wyoming Supreme Court Overturns Abortion Restrictions
On Tuesday, the Wyoming Supreme Court determined that two laws that restricted access to abortion—including the nation’s first explicit ban on abortion pills—are unconstitutional under state law.
The decision, which came in a 4-1 vote, supported the state’s only abortion clinic and various advocacy groups that had challenged the abortion bans enacted following the U.S. Supreme Court’s reversal of Roe v. Wade in 2022, shifting regulatory power to the states.
Interestingly, despite Wyoming’s reputation as a deeply conservative state, the ruling was made by justices appointed by the Republican governor; they upheld previous lower court decisions that deemed the abortion ban unconstitutional.
A group of four individuals, which included representatives from Casper’s Wellspring Health Access, the advocacy organization Chelsea’s Fund, and two obstetricians, argued that the law contradicts a state constitutional amendment affirming the right of competent adults to make their health care decisions.
This amendment was approved by voters in 2012 as a response to the federal Affordable Care Act, commonly known as Obamacare.
Wyoming judges pointed out that while the amendment wasn’t originally framed to apply to abortion, it wasn’t their place to “add language” to the constitution. They did, however, mention that legislators could propose a new amendment for voters to consider which more explicitly addresses this issue.
Julie Burkhardt, president of Wellspring Health Access, expressed in a statement that the ruling reinforces the importance of abortion as “essential medical care” that should not be interfered with by the government.
She emphasized that their clinics are still open to provide compassionate reproductive health care, including abortions, which means Wyoming patients no longer need to go out of state for such services.
Wellspring Health Access, which opened as the sole clinic offering abortions in Wyoming in 2023, faced a delay after a bomb attack halted its construction. A woman is currently serving a five-year prison term for setting the clinic on fire.
The state’s legal team had contended that abortion couldn’t violate the Wyoming Constitution since it isn’t considered a form of medical care.
Governor Mark Gordon expressed his disappointment with the ruling, stating it didn’t reflect the beliefs of many citizens in Wyoming, including himself. He indicated he would push the state Legislature, set to convene later this winter, to consider a constitutional amendment on abortion for a vote this fall.
This potential amendment is likely to find significant support among the Republican-controlled Legislature but would need a two-thirds majority to be introduced as a non-budget item during the legislative session, which primarily deals with budgeting issues.
Despite this ruling initially resolving some legal aspects, Gordon noted it does not address the moral implications of the issue.
One of the overturned laws would have banned abortion, allowing exceptions only to save the life of a pregnant woman or in cases of rape or incest.
The second law would have made Wyoming the only state to enact an explicit ban on abortion pills, though similar de facto bans with extensive restrictions have occurred in other states.
Currently, abortion remains legal in Wyoming, as a Teton County District Judge had already blocked the ban, which is being challenged through an ongoing lawsuit. The judge declared the law unconstitutional in 2024.
Additionally, last year, Wyoming passed further laws that classified abortion clinics as licensed surgical centers and required women to have an ultrasound prior to a medical abortion. However, these laws have also been halted by a judge pending the outcome of related legal challenges.
