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Wyoming Supreme Court Strikes Down Near-Total Abortion Bans, Preserving Access

The court grounded its 4-1 decision in a 2012 state amendment protecting adults’ health-care choices.

Overview

  • In a 4-1 ruling, justices invalidated two laws, including the nation’s first explicit ban on abortion pills, as unconstitutional under Wyoming’s charter.
  • The challenge was brought by Wellspring Health Access, Chelsea’s Fund, and four women, including two obstetricians.
  • State attorneys argued the measures were lawful because abortion is not health care, a position the justices rejected under the constitution’s health-care protections.
  • Governor Mark Gordon called the decision “profoundly unfortunate” and urged lawmakers to advance a constitutional amendment for voter consideration this year.
  • Separate litigation over clinic licensing and ultrasound requirements continues, with those rules currently blocked by a different judge.