Wyoming Supreme Court Strikes Down Abortion Laws, Including the First Explicit Ban on Abortion Pills

Wyoming’s Supreme Court has struck down two laws banning abortion, including the country’s first explicit ban on abortion pills.In a 4-1 decision, Wyoming’s Supreme Court struck down a law that bans abortion except in the cases of rape or incest. The justices also struck down a law that would have explicitly banned abortion pills. Wyoming was the only state to explicitly ban abortion pills, though other states consider the pills prohibited under their abortion laws.The challenge stemmed from a lawsuit brought by the state’s only abortion provider, Wellspring Health Access, and an abortion access advocacy group, Chelsea’s Fund. The plaintiffs argued that the bans on abortion violated an amendment to Wyoming’s constitution that says competent adults have the right to make decisions about their own health care.Attorneys for the state argued that the abortion bans do not violate the amendment, claiming that abortion is not health care. The justices, all appointed by Republican governors, said the existing constitutional amendment does not specifically exempt abortion from the protection regarding health care decisiions, and they cannot “add words” to the document.“Lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue,” the justices said. The two laws were passed in 2023 after an earlier law was blocked due, in part, to the same amendment in the state’s constitution. The justices also said the state “did not meet its burden of demonstrating the Abortion Laws further the compelling interest of protecting unborn life without unduly infringing upon the woman’s fundamental right to make her own health care decision.”In a post on Facebook, Chelsea’s Fund celebrated the decision and said it “supports our vision to realize a time when abortion is safe, legal, accessible and recognized as healthcare for the people of Wyoming.”The speaker of the Wyoming House, Chip Neiman, told Wyoming Public Radio that he plans to draft a constitutional amendment to see what voters’ “position is on protecting life.”Wyoming’s governor, Mark Gordon, said in a statement that the ruling is “profoundly unfortunate and sadly only serves to prolong the ultimate and proper resolution of this issue.”He urged the state legislature to “pass and place a clear constitutional amendment on my desk” during the upcoming budget session, which begins in February.A resolution to amend the constitution would require a two-thirds vote in the legislature. If it passed, the amendment could be on the ballot during the 2026 midterm elections.

Wyoming Supreme Court Strikes Down Abortion Laws, Including the First Explicit Ban on Abortion Pills

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