State’s top court tosses Wyoming abortion limits in controversial ruling
The Wyoming Supreme Court has struck down two state laws limiting abortion access, igniting debate in one of the reddest states in the country, as Fox News reports.
The court’s 4-1 ruling found that both the state’s near-total abortion ban and its unique abortion pill prohibition violate a 2012 state constitutional amendment that protects individuals’ medical decision-making rights.
This decision puts an end—at least for now—to the nation’s first direct ban on abortion pills and maintains the legal status of abortion services in Wyoming.
Legal Challenge Focused on State Healthcare Rights
The legal fight was led by Wellspring Health Access, a local advocacy group, Chelsea’s Fund, and four individual women, including two OB-GYNs, who argued that the laws conflicted with the state constitution.
They pointed to a voter-approved 2012 amendment, originally passed in reaction to the Affordable Care Act, that guarantees Wyoming residents the right to make their own healthcare choices.
The justices acknowledged that abortion isn’t mentioned in the text but claimed the amendment gives adults the right to determine their medical treatment, which includes reproductive care.
Court Offers Legal Explanation, Points to Legislature
The majority opinion emphasized that the court wouldn’t “add words” to the constitutional language but suggested that lawmakers could bring the issue to voters again with a clearer amendment specifically addressing abortion.
In other words, the court punted the responsibility back to the legislature—confirming that, under current law, even surgical abortion services remain protected unless voters say otherwise.
The result leaves abortion legal in Wyoming, largely due to the earlier efforts of Teton County District Judge Melissa Owens, who put both laws on pause while the case moved forward and eventually declared them unconstitutional in 2024.
Wellspring Clinic at the Center of Controversy
Wellspring Health Access in Casper, the only abortion clinic in the state, has been at the heart of the battle since it opened in 2023 following setbacks, including a 2022 arson attack.
The woman responsible for that firebombing is now serving a five-year prison sentence, and the clinic now provides surgical abortion procedures to Wyoming residents.
Following the court victory, Wellspring president Julie Burkhart said, “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.”
Governor Pushes for Constitutional Amendment
Gov. Mark Gordon didn’t hold back in his criticism of the ruling, describing it as legally decisive but morally unrepresentative of Wyoming values.
“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,” Gordon said. “It is time for this issue to go before the people for a vote.”
The governor has already called on lawmakers to introduce a constitutional amendment banning abortion during the upcoming winter session—a proposal that would require a two-thirds legislative vote before it could reach the public ballot.
Other Laws Remain Tied Up in Court
Beyond the two top-line bans, Wyoming’s legislature passed other restrictions over the past year—some that require abortion providers to convert their facilities into licensed surgical centers and others that mandate ultrasounds before administering abortion pills.
However, those laws have also been stalled by the judiciary, currently blocked from taking effect under a separate court challenge.
The larger message here is one that conservatives in Wyoming and across the country should take seriously: progressive litigation is eroding the authority of duly elected legislators, even in deeply red states.




