A landmark decision reverberated through Wyoming this Tuesday as the state’s Supreme Court struck down two laws severely restricting abortion access. The 4-1 ruling effectively dismantled the nation’s first explicit ban on abortion pills, marking a significant victory for reproductive rights advocates in a traditionally conservative state.
The challenge was brought by Wellspring Health Access, Wyoming’s sole abortion clinic, alongside Chelsea’s Fund and four individual plaintiffs, including two obstetricians. They argued the laws directly violated a 2012 state constitutional amendment guaranteeing competent adults the right to make their own healthcare decisions.
That amendment, ironically, was initially a response to federal healthcare legislation, intended to safeguard individual autonomy over medical choices. The court acknowledged the amendment’s original intent wasn’t specifically about abortion, but firmly stated its role wasn’t to rewrite the constitution.
However, the justices left the door open for future action, suggesting lawmakers could propose a new constitutional amendment directly addressing abortion if they chose. This would require a two-thirds vote in the legislature and ultimately, a decision by Wyoming voters.
Julie Burkhart, President of Wellspring Health Access, hailed the ruling as a reaffirmation that abortion is “essential health care,” free from undue government interference. She confirmed the clinic would remain open, providing vital services to Wyoming residents without forcing them to travel out of state.
Wellspring’s journey to providing care hasn’t been easy. The clinic only opened in 2023, a year after a devastating firebombing delayed its construction. A woman is currently serving a five-year sentence for the attack, a stark reminder of the intense opposition faced by abortion providers.
State attorneys had argued that abortion couldn’t be considered healthcare under the Wyoming constitution, a position the court decisively rejected. Governor Mark Gordon expressed disappointment, immediately calling for legislative action to put a prohibition on abortion before voters this fall.
The overturned laws included a ban on abortion with limited exceptions for life, rape, or incest, and the unique attempt to outlaw abortion pills altogether. While other states have effectively restricted medication abortion, Wyoming’s law was the first to do so explicitly.
Despite the passage of these restrictive laws, abortion has remained legally accessible in Wyoming since last year when a district court judge initially blocked their enforcement. That initial ruling was upheld by the Supreme Court’s decision this week.
Separate legal challenges continue regarding additional Wyoming laws requiring abortion clinics to meet surgical center standards and mandating ultrasounds before medication abortions. Those laws are currently blocked while the courts consider their constitutionality.
