Wyoming Judge rules abortion bans are unconstitutional
Abortion rights activists secure a victory on Monday. But the case will ultimately be decided by a five-judge supreme court.
A Wyoming judge struck down two of the state’s abortion bans on Monday.
Teton County District Judge Melissa Owens ruled that the state’s overall ban and its law banning medication abortions were unconstitutional. The case will go before the state supreme court, which has three women in a five-judge body. I spoke with Megan Hayes, board chairwoman of Pro-Choice Wyoming. She said they were thrilled with the decision. Hayes and her allies now look toward the higher court.
“I think that they will similarly conclude that Wyoming has an explicit provision that allows people to make their own healthcare decisions,” Hayes said.
The overall ban would have imposed a $20,000 fine on doctors who perform abortions, along with a prison sentence of up to five years. The medication restriction would have prohibited the prescription, sale, and use of mifepristone for abortion. It would have fined the person $9,000 and carried a possible prison sentence of six months.
The recent case involved six plaintiffs. Danielle Johnson was a 22-week pregnant woman. Kathleen Dow wanted to become pregnant. Dr. Giovannini Anthony was an OB/GYN in Teton County. Dr. Rene Hinkle, of Laramie County was another doctor who joined. Chelsea’s Fund was also a plaintiff, which provides financial support for women seeking reproductive care. As was the Circle of Hope Health Care Services, which opened an abortion clinic in Casper.
Judge Owens ruled that abortion rights were protected under the Right of Health Care Access Amendment that was passed in 2012. That protects people’s rights to make their own medical decisions.
Physician testimony about how abortion bans hamstrung their ability to care for patients was cited among the reasons that the Judge gave for her ruling. That’s been an issue in other states, where doctors have not performed abortions even in situations where exceptions called for it because they feared criminal prosecution.
“The Abortion Statutes suspend a woman’s right to make her own health care decisions during the entire term of a pregnancy and are not reasonable or necessary to protect the health and general welfare of the people,” Owens concluded.
The makeup of state supreme courts and how positions are filled plays a significant role in determining the fates of existing abortion laws or how new amendments get interpreted. The more liberal a court is, the more likely it is to provide expansive protections.
In Wyoming, The term of office for the state Supreme Court is eight years. When a vacancy occurs, the Judicial Nominating Commission submits a list of three qualified nominees to the governor, who makes the appointment. After serving on the court for one year, the new justice stands for retention in office on a statewide ballot at the next general election.
If most of the electorate votes for retention, the justice serves an eight-year term and may seek succeeding terms using a nonpartisan retention ballot. A justice must be a lawyer with at least nine years of law experience, at least 30 years old, and a United States citizen who has resided in Wyoming for at least three years. Justices must retire when they reach 70 years of age.
I will report on this case as it goes before the Wyoming Supreme Court. That ruling is likely to come down in 2025.