A groundbreaking twist in the battle over abortion rights occurred on Thursday when a judge in Wyoming issued a temporary restraining order to block the state’s first-ever law that specifically targeted the use of abortion pills. This method, widely recognized as the most common form of abortion in the United States, was set to be banned starting July 1. Judge Melissa Owens, presiding over the Teton County District Court, granted the restraining order after a two-hour hearing, stating that the plaintiffs, including four healthcare providers, had shown a high likelihood of success in their case and would suffer irreversible harm if the ban took effect.
Wyoming’s law stands out as the first of its kind, separate from overall abortion bans, that specifically outlaws the use of abortion pills. In states where near-total bans are in place, medication abortions are already illegal since they encompass all forms of the procedure. The ban, signed into law by Governor Mark Gordon in March, makes it a misdemeanor to participate in any way in the prescribing, dispensing, distribution, sale, or use of drugs for the purpose of procuring or performing an abortion. Those found guilty under this law could face up to six months in prison and a $9,000 fine. Notably, the law explicitly exempts pregnant women from charges and penalties.
This recent development comes in the wake of the Supreme Court’s decision to overturn the national right to abortion, leading Wyoming’s Republican-controlled Legislature to fervently pursue bans on abortions within the state. In earlier rulings, Judge Owens temporarily halted a near-total abortion ban after noting its contradiction with a constitutional amendment in Wyoming that safeguards adults’ rights to make their own healthcare choices. The state legislature then attempted to bypass this amendment by passing a new near-total ban, which declared that abortion is not healthcare. However, Judge Owens once again blocked this law, expressing doubt about the state’s assertion that abortion is not healthcare.
During the hearing focused on the medication abortion ban, Jay Jerde, a special assistant attorney general for Wyoming, argued that certain circumstances render abortion beyond the scope of healthcare, stating that its purpose is not to address pain, physical disease, or sickness in women’s bodies. Judge Owens questioned this argument, pointing out that the law effectively makes decisions on behalf of women rather than allowing them to exercise their own healthcare choices, a right overwhelmingly supported by the people of Wyoming.
The plaintiffs challenging all the abortion bans in various lawsuits consist of the only two abortion providers in Wyoming, an obstetrician-gynecologist specializing in high-risk pregnancies, an emergency room nurse, an abortion patient financing fund, and a woman who affirms that her Jewish faith mandates access to abortion when the pregnant woman’s physical or mental health or life is at risk. The ban on medication abortion would have a significant impact, as pills have been the primary method used for abortion in Wyoming, and nationally, they account for over half of all abortions. Only one provider in Wyoming offers surgical abortions as an alternative method.
The plaintiffs’ lawyer, Marci Bramlet, argued that the ban specifically targets medication abortions while allowing surgical abortions, which are more physically invasive, costly, and logistically challenging. She emphasized that the statute effectively communicates to women that they can have an abortion in Wyoming but cannot use the safe, effective, FDA-approved medication that is readily available.
This momentous court decision marks a significant victory in the ongoing battle over abortion rights, particularly in Wyoming, as the ban on medication abortion gets sidelined for the time being. However, the ultimate resolution of this case will require further court proceedings, leaving the future of abortion access in the state uncertain.
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