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Jan 09, 2026

Wyoming Supreme Court Issues Big Ruling On Legality of Abortion-lllllllll

The Supreme Court of Wyoming ruled Jan. 6 that two state laws restricting abortion were unconstitutional, striking down a ban on abortion procedures and a separate prohibition on abortion medication. In its decision in State v. Johnson, the court found that the Life is a Human Right Act of 2023 and the state’s abortion drug ban violated Article 1, Section 38 of the Constitution of Wyoming.

 

 

 

 

 

That provision, approved by voters through a 2012 statewide referendum, guarantees that “each competent adult shall have the right to make his or her own health care decisions.”

“All five Wyoming Supreme Court justices agreed that the decision whether to terminate or continue a pregnancy is a woman’s own health care decision protected by Article 1, Section 38,” wrote the court in a summary of its opinion and announcement of the decision.

The court added that “all five justices also concluded that an adult’s right to make his or her own health care decisions is a fundamental right because of the very specific language used,” despite the issue being decided following the passage of “Obamacare.”

The court split four to one on whether the laws could be struck down. “Four justices (Boomgaarden, Fox, Jarosh, and Fenn) voted to strike down the 2023 abortion laws. Justice Gray voted to uphold the laws,” the court’s summary read.

The court observed that although Article 1, Section 38 was enacted in response to Obamacare, the wording of the provision remained rigid, writing, “The Court recognized it cannot add words to the Wyoming Constitution. … But lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue.”

When reviewing the case, lower courts in Wyoming also struck down the laws, The Epoch Times reported.

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