Wyoming Supreme Court rules abortion and pill bans violate state constitution
In a 4–1 decision the Wyoming Supreme Court ruled that two state laws — a broad abortion ban (with life, rape and incest exceptions) and the nation’s first explicit state‑level ban on abortion pills — violate the Wyoming Constitution, upholding lower‑court injunctions and keeping abortion legal after challengers including Wellspring Health Access, Chelsea’s Fund and four women relied on a 2012 amendment guaranteeing competent adults’ right to make their own health‑care decisions. The court said it would not “add words” to the constitution and suggested lawmakers could send a clarifying amendment to voters; Wellspring’s president praised the ruling as preserving essential health care and keeping the clinic open, while Gov. Mark Gordon said he was disappointed and urged legislators to pursue a constitutional ban for the 2026 ballot.
📌 Key Facts
- The Wyoming Supreme Court ruled 4–1 that laws restricting abortion — and the state's abortion‑pill ban — violate the state constitution, and it upheld prior lower‑court injunctions blocking those bans.
- The two statutes at issue were a broad abortion ban with exceptions for life, rape and incest, and the nation’s first explicit state‑level ban on abortion pills.
- Challengers included Wellspring Health Access, Chelsea’s Fund and four women (two of them obstetricians), who relied on a 2012 state constitutional amendment guaranteeing competent adults the right to make their own health‑care decisions.
- The court said it was not their job to 'add words' to the constitution and explicitly suggested that lawmakers could instead send a clarifying abortion amendment to voters.
- Wellspring Health Access President Julie Burkhart said the ruling upholds abortion as 'essential health care' and that the clinic will remain open to provide abortions without patients needing to leave the state.
- Gov. Mark Gordon said he was 'disappointed,' urged lawmakers this winter to advance a constitutional amendment to prohibit abortion for the 2026 ballot, and noted such an amendment would require a two‑thirds vote during the month‑long budget‑focused session.
📊 Relevant Data
The 2012 Wyoming constitutional amendment on the right to make health care decisions was enacted in response to the federal Affordable Care Act, aiming to prevent compelled participation in health care systems and to allow direct payments for health care.
The Shield Becomes a Sword - Wyoming Medical Society — Wyoming Medical Society
In 2023, medication abortions accounted for 63% of all abortions provided in the formal US health care system, up from 53% in 2020.
Medication Abortions Accounted for 63% of All US Abortions in 2023, an Increase from 53% in 2020 — Guttmacher Institute
In states with abortion bans, there were 43,778,189 females of reproductive age, comprising 18.8% Black, 18.8% Hispanic, and 55.5% White, compared to states without bans where the composition was 13.8% Black, 20.1% Hispanic, and 57.6% White.
Race and Ethnicity of Reproductive-Age Females Affected by US State Abortion Bans — JAMA Network Open
Racial disparities in abortion rates are linked to higher rates of unintended pregnancies among Black women due to unequal access to quality family planning services.
Following abortion bans, average travel time for abortions increased from 2.8 hours to 11.3 hours, with 58% of patients staying overnight compared to 5% before.
Changes in Abortion Access, Travel, and Costs Since the Implementation of State Abortion Bans — American Journal of Public Health
📰 Sources (2)
- Confirms the Wyoming Supreme Court’s ruling was 4–1 and that the justices upheld all prior lower‑court rulings blocking the bans.
- Details that challengers included Wellspring Health Access, Chelsea’s Fund and four women (two obstetricians), who relied on a 2012 state constitutional amendment guaranteeing competent adults' right to make their own health‑care decisions.
- Reports that the court said it was not their job to 'add words' to the constitution and explicitly suggested lawmakers could instead send a clarifying abortion amendment to voters.
- Provides a reaction quote from Wellspring Health Access President Julie Burkhart stating the ruling upholds abortion as 'essential health care' and that the clinic will remain open to provide abortions without patients needing to leave the state.
- Adds Gov. Mark Gordon’s detailed response: he is 'disappointed,' calls for lawmakers this winter to advance a constitutional amendment prohibiting abortion for the 2026 ballot, and notes it would require a two‑thirds vote in the month‑long budget‑focused session.
- Clarifies that one overturned law was a broad abortion ban with life, rape and incest exceptions, and the second statute was the country’s first explicit state‑level ban on abortion pills.