The Wyoming Supreme Court in a 4-1 majority ruled Tuesday that Wyoming’s abortion bans are unconstitutional, under the state Constitution’s promise of health care autonomy.
The decision doesn't defer to an earlier decision by Teton County District Court Judge Melissa Owens, but charts its own course through the constitutional amendment to arrive at the same ultimate result.
Retired Wyoming Supreme Court Chief Justice Kate Fox was called back onto the high court to participate in the decision.
The newest justice, Bridget Hill, could not participate as she was the former Wyoming Attorney General tasked with defending the abortion bans throughout much of the case.
The ruling concludes four years of legal challenges that have fraught Wyoming since its 2022 abortion ban “triggered” into place with the overturn of the federal abortion right under Roe vs. Wade.
One sequel to that law and other abortion bans and restrictions have followed.
Wyoming Supreme Court Chief Justice Lynne Boomgaarden wrote the majority opinion for the court.
All five justices agreed that under Article 1, Section 38 of the Wyoming Constitution — a 2012 amendment originally designed to combat “Obamacare” mandates, but which promises health care autonomy to competent adults and parents on behalf of their children — includes abortion as a woman’s own health care decision.
