Wyoming’s New Abortion Ban Temporarily Blocked By Judge

Topline

A judge in Wyoming temporarily blocked the state’s recently enacted abortion ban Wednesday, allowing the procedure to remain legal as the court hears legal challenges brought against the law, which bans abortions in nearly all circumstances.

Abortion rights protesters chant slogans during a gathering to protest the Supreme Court’s decision … [+] in the Dobbs v Jackson Women’s Health case in Jackson Hole, Wyoming.

Getty Images

Key Facts

Teton County District Court Judge Melissa Owens granted a restraining order against the law, which bans nearly all abortions, except in the case of rape, incest or if a pregnant person’s life is in danger.

Under Wyoming’s “Life is a Human Right Act,” which went into effect on Sunday, abortion providers would be charged with a felony that carries up to a five year prison sentence and a $20,000 fine.

The court will now hear a lawsuit challenging the abortion ban and another law—that will go into effect on July 1—banning the prescription, distribution and sale of abortion pills.

The plaintiffs—two women and four healthcare providers—argue that the abortion ban violates Wyoming’s constitution, which says adults have the right to make their own health care decisions.

The new law tries to circumvent this by stating “abortion as defined in this act is not health care.”

Crucial Quote

“The state can not legislate away a constitutional right. It’s not clear whether abortion is health care. The court has to then decide that,” Owens said in her ruling on Wednesday.

Key Background

Wyoming’s abortion ban went into effect on Sunday, and last week the state’s Governor Mark Gordon (R) approved the nation’s first law banning the abortion pills. At the time, even Gordon expressed concern that “this new law will only result in a new lawsuit, which will delay any resolution to the constitutionality of the abortion ban in Wyoming.” Last year, Owens had suspended a similar statewide abortion ban after the Supreme Court overturned Roe v. Wade. Sweeping abortion bans in several other states have also faced court challenges, and in some states like South Carolina and North Dakota, they have either been struck down or put on hold.