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AP NewsAbortion will remain legal in Wyoming while a lawsuit that contests a ban on the procedure in nearly all cases moves ahead, a judge ruled Wednesday (August 10th).
The lawsuit will likely succeed because the ban appears to violate the state constitution and is vague, Teton County District Judge Melissa Owens, in Jackson, wrote in granting the preliminary injunction.
In the meantime, the abortion ban would likely harm pregnant women, such as those with serious complications, and their doctors, who would risk prosecution by giving abortions in an attempt to help, Owens wrote.
Wyoming Gov. Mark Gordon, a Republican, signed Wyoming’s abortion “trigger” ban into law in March. The law was written to take effect if the U.S. Supreme Court overturned the Roe v. Wade decision, which happened June 24.
The new Wyoming law would ban abortion except in cases of rape or incest or to protect the mother’s life or health, not including psychological condition. Those who violate the ban would be charged with a felony punishable by up to 14 years in prison.
The ban took effect July 27. But within hours Owens granted a temporary restraining order suspending the law, finding it would harm pregnant women and their doctors. Her latest ruling keeps the law suspended after the restraining order expired Wednesday.
With both rulings, Owens sided with four women, including two obstetricians, and two nonprofits, including a planned Casper women’s health care and abortion clinic that was firebombed in May, who sued to contest the law.
The ruling is an “important victory for abortion access,” Julie Burkhart, founder of the Wellspring Health Access clinic, said in a statement.
“While we are heartened by today’s outcome, we know the fight to keep abortion legal in Wyoming is far from over,” Burkhart said.
Wyoming will continue to defend the law in court, Gordon spokesman Michael Pearlman said by email Wednesday.
Areas where the ban appears to violate the Wyoming constitution include a 2012 amendment guaranteeing the right to make one’s own health care decisions, Owens wrote.
Voters passed the amendment amid resistance to the federal Affordable Care Act, which sought to expand health insurance coverage and lower health care costs nationwide. The amendment had nothing to do with abortion, Wyoming special assistant attorney general Jay Jerde said in a hearing in the case Tuesday.
“It’s just not within the facts that were kicking around at the time,” Jerde said in court.
A judge can’t assume that voters didn’t understand the full effect of the constitutional amendment, Owens wrote in keeping the abortion law suspended.
The abortion ban also appears to violate the state constitution by discriminating against women, she wrote.
Mark Steingass
August 11, 2022 at 8:45 am
…The republican party will lose in 2024 over this issue…the Republicans are already running scared and reversing course in many states…telling women what they can or can’t do with their own bodies will be the demise of the republican party…it’s a radical agenda…
michael duncan
August 11, 2022 at 3:55 pm
Thanks for the Dem talking points. So let me show you how wrong you are -pay close attention and take notes:
1. It not their body? 2. Does the womans heart stop beating during an abortion? 3. if life ends when your heart stops beating it must start when your heart starts beating.
Thanks for the prediction. arent u the guy who said Killary Clinton would defeat Trump????????
Mark Steingass
August 12, 2022 at 10:16 am
…no quite the opposite…I predicted Trump was going to win that election…republicans (including yourself) didn’t even like to be told to wear facemasks…and what affect do you think abortion bans across this country will have on payouts for increased welfare rolls for mothers or families that can’t afford more children?…the GOP is in for “sticker shock” when the bill arrives and we all know how the GOP feels about entitlements…be careful what you wish for …suit yourself
Thomas Jones
August 11, 2022 at 8:47 am
Taking the life of an innocent is not healthcare.
Debbie Davis
August 11, 2022 at 12:44 pm
3rd paragraph: the abortion ban would likely harm pregnant women, such as those with serious complications
5th paragraph: The new Wyoming law would ban abortion except in cases of rape or incest or to protect the mother’s life or health, not including psychological condition.
Doesn’t protecting the mother’s life or health come under serious complications? It appears you just contradicted yourself. You should proof read what you write instead of just writing your biased opinion which seems to be the norm these days.