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Top Court In Red State Rules Abortion Bans Unconstitutional
In a 4-1 decision, the Wyoming Supreme Court ruled the state’s abortion bans are unconstitutional.
According to Cowboy State Daily, the court found the abortion bans unconstitutional under the “state Constitution’s promise of health care autonomy.”
BREAKING: Wyoming Supreme Court Strikes Down Pro-Life Laws Banning Abortions https://t.co/cvgjKNdViu pic.twitter.com/xmO5R0apyG
— LifeNews.com (@LifeNewsHQ) January 6, 2026
Cowboy State Daily explained further:
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.
That counters the state’s argument, that the woman’s “own” decision can’t discount the life of her unborn child.
“I am deeply sickened by the Wyoming Supreme Court’s outrageously wrong decision today, which is a leftwing activist decision totally out of touch with the Wyoming Constitution. Somehow, the court took a provision of the Constitution passed to stop Obamacare and reeingeneered it for their liberal goals to tragically codify abortion. Make no mistake: the Wyoming Supreme Court’s decision does not represent Wyoming’s values,” Wyoming Secretary of State Chuck Gray said.
“The law that the Supreme Court just struck down was passed by the legislature elected by the people of Wyoming, while the court who struck down the law with their left-wing activist decision was all appointed. In 2023, I attempted to intervene in this lawsuit to defend Wyoming’s common-sense pro life laws, which I felt were not receiving a vigorous defense by the governor’s appointed attorney general. Unfortunately, the court would not allow these interventions to defend the law. We will keep defending Wyoming’s pro-life values and the truth,” he continued.
I am deeply sickened by the Wyoming Supreme Court’s outrageously wrong decision today, which is a leftwing activist decision totally out of touch with the Wyoming Constitution. Somehow, the court took a provision of the Constitution passed to stop Obamacare and reeingeneered it… pic.twitter.com/s4dTaxwz1Z
— Secretary Chuck Gray (@ChuckForWyoming) January 6, 2026
The court’s ruling impacted two near-total abortion bans, including the nation’s first explicit ban on abortion pills.
In a 4–1 ruling, the Wyoming Supreme Court struck down several abortion restrictions, including the nation’s first ban on abortion pills, legalizing abortion in Wyoming.
Follow: @AFpost pic.twitter.com/98qHELRck0
— AF Post (@AFpost) January 6, 2026
More from The Guardian:
One of the laws overturned Tuesday sought to ban abortion except to protect a pregnant woman’s life or in cases involving rape or incest. The other law would have made Wyoming the only state to explicitly ban abortion pills. (Notably, other states have instituted de facto bans on abortion medication by broadly prohibiting abortion). In the four years since the US supreme court overturned Roe v Wade, unleashing a wave of state-level abortion restrictions, abortion pills have grown increasingly popular, especially as abortion providers have begun to mail them into states that ban the procedure.
Wellspring Health Access, the state’s lone abortion clinic, sued in the wake of the bans – alongside the abortion access advocacy group Chelsea’s Fund and four women, including two obstetricians. Attorneys for Wyoming argued that the bans could not violate the Wyoming constitution because the state does not view abortion as healthcare.
“If as the state contends, the people did not intend to include abortion care among the health care decisions this constitutional amendment protects, the solution is not for this Court to add language to the constitution. It is beyond our power to do that,” the justices wrote in a footnote in their majority opinion.
“The Legislature, however, could put the question to the people of Wyoming in the form of a constitutional amendment that clearly states what it seeks to accomplish.”
Mark Gordon, Wyoming’s Republican governor, called the ruling “profoundly unfortunate” in a statement. Gordon urged state legislators, who will convene in February, to propose a constitutional amendment that Wyoming voters could approve in the upcoming November elections.
“A constitutional amendment taken to the people of Wyoming would trump any and all judicial decisions,” Gordon said. “Every year that we delay the proper resolution of this issue results in more deaths of unborn children. This is a dilemma of enormous moral and social consequence.”
Such an amendment would require a two-thirds vote to be introduced for consideration during the monthlong legislative session devoted primarily to the state budget. But it would almost certainly have wide support in the Republican-dominated statehouse.
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