Wyoming Supreme Court Overturns Abortion Restrictions
The Wyoming Supreme Court announced on Tuesday that several laws limiting access to abortion, including a pioneering outright ban on abortion pills, are unconstitutional under state law.
In a decision that was 4-1, the court supported the claims of the state’s lone abortion clinic along with other organizations that challenged the bans enacted after the U.S. Supreme Court’s reversal of Roe v. Wade in 2022, which shifted the authority to regulate abortion back to the states.
Interestingly, despite Wyoming’s reputation as one of the most conservative states—and with all justices appointed by a Republican governor—the ruling reaffirmed previous lower court decisions that determined the ban was unconstitutional.
A group of four women, including representatives from Casper’s Wellspring Health Access and Chelsea’s Fund, along with two obstetricians, argued the controversial law breaches a constitutional amendment affirming the right of informed adults to manage their own health care choices.
Voters had approved an amendment in 2012 aimed at countering the federal Affordable Care Act, commonly referred to as Obamacare. Wyoming judges clarified that this amendment wasn’t tailored to apply specifically to abortion and reminded that it wasn’t their role to add to the state constitution’s language.
However, the justices suggested that lawmakers could prompt voters to consider a new constitutional amendment directly addressing this matter.
Julie Burkhardt, president of Wellspring Health Access, expressed that this ruling reinforces the notion that abortion is “essential medical care” and should not be subject to governmental interference. She noted, “Our clinics are open and ready to provide compassionate reproductive health care, including abortions, allowing patients in Wyoming to receive this care without needing to travel out of state.”
Wellspring Health Access became the only clinic in the state to provide abortions in 2023, following a troubling incident where a bombing halted its construction for some time—the aftermath of which included an arrested individual now serving a five-year prison term for the act.
State attorneys contended that abortion doesn’t equate to medical care under Wyoming law. Governor Mark Gordon expressed his disappointment with the ruling, urging the state Legislature, which reconvenes this winter, to consider a constitutional amendment banning abortion—potentially for a vote in the fall.
This proposed amendment likely enjoys considerable support in the Republican-majority Legislature; however, it requires a two-thirds vote to be introduced as a non-budget item during short legislative sessions focused mainly on the state budget.
“While this decision addresses the legal concerns for now, it doesn’t settle the moral question and fails to represent the views of many residents in Wyoming, myself included,” Gordon stated. “This matter should be put forward for public vote.”
Among the laws annulled by the court was one that aimed to ban abortions with limited exceptions, such as when necessary to save a woman’s life or in cases of rape or incest. Another law sought to make Wyoming the sole state banning abortion pills; nonetheless, various other states have imposed indirect bans through broad restrictions.
Abortion remains legal in Wyoming at this moment since a district judge previously halted the ban while related legal challenges continue. This judge declared the law unconstitutional in 2024.
Last year, Wyoming also enacted laws requiring abortion clinics to be licensed surgical centers and mandated ultrasounds for women before medical abortions. However, those laws were blocked by a judge during ongoing litigation.
