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Wyoming abortion ban overview:
- Who: A Wyoming state judge has blocked the Life is a Human Right Act, which would effectively ban abortions in the state.
- Why: The Wyoming abortion ban may run afoul of residents’ constitutional right to make their own health care decisions, according to the judge.
- Where: The Wyoming abortion ban lawsuit was filed in Wyoming state court.
Wyoming’s proposed abortion ban was recently blocked by a state judge until the court has a chance to decide whether the ban may violate residents’ constitutional right to make their own health care decisions, Law360 reports.
Teton County District Judge Melissa M. Owens granted a temporary restraining order in favor of plaintiffs challenging Wyoming’s Life is a Human Right Act.
Under this act, human life is defined as beginning at conception and abortions conducted in Wyoming are considered criminal offenses that may be punishable by up to five years in prison.
“The legislature declaring that abortion is not health care takes away from the duty of this court to decide constitutional questions of law that violates the separation of powers,” Judge Owens said.
She noted that the legislature’s declaration that “abortion is not health care when there may be evidence to show that it is” indicates an attempt to basically institute a constitutional amendment.
“The state cannot legislate away a constitutional right,” she said.
Judge finds plaintiffs met burden to show they would suffer irreparable harm from Wyoming abortion ban
Judge Owens found that the plaintiffs sufficiently showed that they would face irreparable harm if the Wyoming abortion ban were to remain in effect. She also reportedly found that their case is likely to succeed on the merits.
The plaintiffs include two health care providers who are concerned that the Wyoming abortion ban would prevent them from providing their patients with the medical care they need, and a Jewish plaintiff whose religious beliefs instruct her to prioritize her own health and seek evidence-based medical care. She is currently pregnant and believes the Wyoming abortion ban interferes with the free exercise of religion.
The judge previously blocked another Wyoming abortion ban that was passed after the U.S. Supreme Court overturned Roe v. Wade last summer.
Nonprofit abortion access group Chelsea’s Fund sued to block both proposed Wyoming abortion bans from taking effect. In the first case, the judge blocked the ban and referred the case to the state’s supreme court, which ultimately declined to hear the case.
In response, the state legislature passed the new proposed Wyoming abortion ban, which would override the original ban. Republican governor Mark Gordon allowed the Life is a Human Right Act to become law on March 17.
The Wyoming governor also approved a bill that bans medication abortions in the state with narrow exceptions. This law is also being challenged in a lawsuit.
Twelve Democratic attorneys general have filed a lawsuit against the U.S. Food and Drug Administration, urging the agency to drop all remaining restrictions on the abortion pill mifepristone.
Do you think the Wyoming abortion ban violates residents’ constitutional right to make decisions about their health care? Join the discussion in the comments!
The plaintiffs are represented by John H. Robinson and Marci C. Bramlet of Robinson Bramlet LLC.
The Wyoming abortion ban lawsuit is Danielle Johnson, et al. v. Wyoming, et al., Case No. 18853, in the District Court of the Ninth Judicial District in and for Teton County, Wyoming.
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