The U.S. Supreme Court’s decision to overturn Roe v. Wade in 2022 has led to numerous legal battles in courts across the nation. The opposing sides continue to wage battles fought in court and at the ballot box to protect or eliminate abortion access. Given the control of Wyoming’s state legislature by GOP conservatives, it’s not surprising that lawmakers worked with Republican Gov. Mark Gordon to pass restrictive new abortion laws in 2023.
Their attempts at imposing a near-total abortion ban came into conflict with a 2012 amendment to the state constitution that protects residents’ rights to make their own healthcare decisions. Repeated losses in the lower courts and the striking down of the laws in 2024 culminated in a Wyoming Supreme Court ruling affirming the bans are unconstitutional on January 6, 2026.
Further challenges to restrict abortion rights and access to abortion pills are expected through a proposed constitutional amendment to be presented to Wyoming voters this fall. Until then, pregnant women in Wyoming will retain the fundamental right to abortion access under the state’s existing laws.
Never the Twain Shall Meet
The aftermath of Dobbs v. Jackson Women’s Health Organization left control of women’s reproductive rights up to the states, exposing a bitter divide between the opposing sides. Jurisdictions under conservative sway have seen the shuttering of countless abortion clinics and the flight of abortion providers, leaving those in-state with limited options. Some states have sought to deny access to medication abortions as well, tying abortion pills to existing abortion restrictions or bans.
Wyoming passed two laws in 2023 to address abortion rights in the state. One called for a complete ban unless the woman’s life was in danger from the pregnancy, or in cases of rape or incest. The other outlawed the abortion pills Mifepristone and Misoprostol, the first direct ban in the nation. Arguing that the laws were a violation of the Wyoming constitution, they were challenged by plaintiffs that included obstetricians, an abortion advocacy group, and Wellspring Health Access, the state’s only abortion clinic. Located in Casper, its opening was delayed a year due to an arson attack.
How the Affordable Care Act Played a Role
After initially blocking the bans, Teton County District Judge Melissa Owens struck down the pair of laws in 2024. Her decision continued to be upheld as it reached the state’s top court, which affirmed the ruling in a 4-1 decision. Wyoming lawmakers passed additional laws in 2025 that required abortion clinics to be licensed surgical centers and imposed a mandatory ultrasound requirement before the procedure could take place, but both are blocked while lawsuits challenging their constitutionality make their way through the courts.
The repeated rulings against the abortion ban laws stem from Wyoming’s response to the Affordable Care Act, signed into law by President Barack Obama. In 2012, Wyoming voters approved a state constitutional amendment that enshrined the right for competent adults to make their own healthcare decisions. While the state argued that the necessary restrictions to protect prenatal life weren’t blocked by Article 1, Section 38 of the Wyoming constitution because abortion wasn’t health care, the majority of the state supreme court justices, led by Chief Justice Kate M. Fox, disagreed.
Plaintiffs argued that the banned laws provided exceptions that permitted abortions in certain instances, which contradicted the state’s stance that abortions were not health care. The victory establishes a legal precedent that is likely to be echoed elsewhere, and also creates the possibility of a petition to the U.S. Supreme Court by the losing side. It remains to be seen if Wyoming voters will embrace or reject any new amendment proposed to remove the existing constitutional right to abortion access within the state.
Related Resources
- North Dakota Supreme Court Rules Abortion Ban Unenforceable During Appeals Process (FindLaw’s Courtside)
- The Practical Impact of Dobbs v. Jackson Women's Health (FindLaw's Federal Courts)
- Abortion Laws: What’s Required To Get an Abortion? (FindLaw’s Reproductive Rights)
