Legal Use of Abortion Pills Upheld in Wyoming Amid Pending Lawsuit

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Thursday saw a judge uphold the legality of abortion pills in Wyoming, stopping a first-of-its-kind state law that intended to ban them from coming into effect on July 1. This decision will remain while a lawsuit against the legislation proceeds.

The state of Wyoming’s legal representatives failed to convince Teton County Judge Melissa Owens that the law’s implementation wouldn’t harm the plaintiffs of the lawsuit before the case concludes. Meanwhile, the plaintiffs have made a convincing case for probable success in their legal battle, according to Owens, leading to her decision to provisionally halt the enforcement of the pill ban.

In contrast to other states which have effectually banned abortion medication via widespread abortion prohibition, Wyoming became the first U.S. state to specifically target abortion pills with a ban in March.

Two nonprofit organizations – one of them being an abortion clinic that opened in April in Casper, and four women, among them two obstetricians, are challenging the law. They requested Judge Owens to temporarily halt the ban while their case is being resolved.

In addition, the plaintiffs are fighting to halt a nearly comprehensive ban on abortion established in Wyoming in March. Both lawsuits have been consolidated by Owens who also temporarily suspended this law.

Marci Bramlet, a legal representative for those opposing the ban, argued that a ban on abortion pills would force women to undergo more invasive surgical abortions, considering abortion remains legal in Wyoming.

Drawing from a state constitutional amendment from 2012, arguments in court referred to the amendment that was established in response to the Affordable Care Act. This amendment asserts the rights of Wyoming residents to make their own healthcare decisions.

Newly enacted abortion laws in Wyoming permit exceptions to preserve life and in cases of reported rape or incest. However, attorney Jay Jerde argued in court that an abortion for any other reason isn’t considered healthcare under the amendment.

Following the U.S. Supreme Court’s overturning of Roe v. Wade last year, Wyoming’s new laws came into effect. Since then, about 25 million women and teenagers have faced increased restrictions on terminating pregnancies or almost complete bans on the procedure.

Specifically, Wyoming is the only state to have banned abortion pills, despite other states implementing extensive abortion prohibitions. The U.S. Supreme Court ruled in April that access to mifepristone, one of the two abortion pills, may continue while the litigants contest the Food and Drug Administration’s approval of it.

The plaintiffs in the abortion-related lawsuits include Wellspring Health Access, which, after a 2022 arson attack, reopened in April as Wyoming’s first full-service abortion clinic in years, providing pill abortions among other services.

Julie Burkhart, Wellspring President, praised the ruling in a statement, noting that “Medication abortion is safe, effective, and has been approved by the FDA for more than two decades… We are proud to provide medication abortion to patients from across the Mountain West at our Casper facility.”

Prior to this, only another clinic in Wyoming – a women’s health center in Jackson – offered pill abortions, located some 250 miles (400 kilometers) away.

There was no immediate response from Wyoming officials regarding the ruling, but they have previously committed to a vigorous defense of the new laws.

The practice of using two types of pills for abortions, typically taken days apart, has become the preferred method for terminating pregnancies in the U.S., mainly due to it being less invasive than surgical abortions. According to the Guttmacher Institute, a research group advocating for abortion rights, no state had passed a law specifically outlawing abortion pills until Wyoming Gov. Mark Gordon did so.

Despite this, 13 states have implemented comprehensive abortion bans that also encompass medical abortions, while 15 states already had restricted access to the pills.

Judge Owens, appointed by Republican Governor Gordon, has now thwarted three abortion bans enacted by Gordon, including an abortion ban due to take effect last summer.

Owens, serving the heavily Republican Sublette and Fremont counties along with Teton County – a highly affluent, less Republican area that many Wyoming residents don’t see as reflective of their state – continues to play a key role in these ongoing legal disputes.

Frequently Asked Questions (FAQs) about Abortion Pill Ban

More about Abortion Pill Ban

• Roe v. Wade
• Affordable Care Act
• Guttmacher Institute
• Wellspring Health Access
• FDA Approval of Mifepristone
• Information on medical abortions
• Wyoming Governor Mark Gordon