Wyoming Supreme Court Issues Big Ruling On Legality of Abortion
The Supreme Court of Wyoming ruled on Jan. 6 that two state laws restricting abortion were unconstitutional, delivering a sweeping decision that struck down both a ban on abortion procedures and a separate prohibition on abortion medication.
In State v. Johnson, the court concluded that the Life is a Human Right Act of 2023 and Wyoming’s abortion drug ban violated Article 1, Section 38 of the Wyoming Constitution. That provision, approved by voters in a 2012 statewide referendum, states that “each competent adult shall have the right to make his or her own health care decisions.”
In a unanimous finding on the scope of that provision, the court determined that abortion falls squarely within its protections. “All five Wyoming Supreme Court justices agreed that the decision whether to terminate or continue a pregnancy is a woman’s own health care decision protected by Article 1, Section 38,” the court wrote in its summary of the ruling.
The justices further agreed that the right enshrined in the constitution rises to the highest legal standard. According to the court, “all five justices also concluded that an adult’s right to make his or her own health care decisions is a fundamental right because of the very specific language used,” even though the provision was adopted in the aftermath of Obamacare’s passage.
The court did not fully agree on the remedy. Four justices—Boomgaarden, Fox, Jarosh, and Fenn—voted to strike down the 2023 abortion laws outright, while Justice Gray dissented and voted to uphold them. As the court explained, its hands were tied by the text of the constitution itself. “The Court recognized it cannot add words to the Wyoming Constitution. … But lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue.”
Lower courts in Wyoming had previously reached the same conclusion, striking down the laws before the case reached the state’s highest court.
The ruling landed as a shock in Wyoming, a deeply conservative state dominated by the Republican Party and long opposed to abortion. Gov. Mark Gordon quickly called for a constitutional amendment to overturn the decision and return the issue directly to voters.
“This ruling may settle, for now, a legal question, but it does not settle the moral one, nor does it reflect where many Wyoming citizens stand, including myself. It is time for this issue to go before the people for a vote,” Gordon wrote in a statement shared on social media. “I call on the legislature to pass and place a clear constitutional amendment on my desk.”
Abortion advocates celebrated the outcome. Wellspring Health Access in Casper, Wyoming—the lead plaintiff in the case—praised the decision as a victory for abortion access in the state.
“Our clinic will remain open and ready to provide compassionate reproductive health care, including abortions, and our patients in Wyoming will be able to obtain this care without having to travel out of state,” said the organization’s president, Julie Burkhart.
The Wyoming ruling comes amid broader national battles over healthcare policy under President Donald J. Trump’s second-term administration. In Washington, the House of Representatives is set to approve legislation Thursday extending controversial Obamacare tax credits for three years—a move Democrats are hailing as a major win and some centrist Republicans hope could open the door to a bipartisan deal.
The measure faces long odds in the Senate. An identical three-year extension was rejected by Senate Republicans in December. Still, the looming House vote has spurred a bipartisan group of senators to work on a compromise they believe could pass both chambers.
House Republicans backing the effort argue that strong bipartisan support in the lower chamber could pressure the Senate to act. Rep. Mike Lawler, R-N.Y., one of four Republicans who bucked leadership to support a discharge petition, said he expects “a substantial number of Republicans” to vote for the bill in order to advance negotiations.
“We’ve been working with the senators for weeks, and the framework that they are … trying to finalize is very much in line with what I have been saying from the start, about a two-year extension with reforms,” Lawler said. “I think that’s ultimately where we can get.”
Taken together, the developments underscore how courts, Congress, and state governments continue to clash over abortion and Obamacare-era policies—often sidelining voters and taxpayers in the process.