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Wyoming high court struck down the state's abortion ban.
Summary
The Wyoming Supreme Court invalidated the state's abortion ban in State v. Johnson, finding that the law's exceptions were legally inconsistent with the Wyoming Constitution's recognition of health-care decision rights.
Content
The Wyoming Supreme Court recently struck down the state's criminal abortion ban in State v. Johnson. The case arose after patients, doctors, and advocates challenged the law under Article 1, Section 38 of the Wyoming Constitution, which recognizes a right to make health-care decisions. The state defended the ban by arguing abortion is not health care and by pointing to statutory exceptions for fatal fetal abnormalities, medical emergencies, and rape or incest. The court concluded those exceptions were internally inconsistent and did not support the state's asserted interests.
Key points:
- The Wyoming Supreme Court invalidated the state's abortion ban in State v. Johnson, as reported.
- Plaintiffs challenged the ban under Article 1, Section 38, arguing it protects health-care choices.
- The court identified problems in the law's exceptions, including timing limits for fatal fetal abnormalities, exclusion of mental-health emergencies from medical-emergency exceptions, and reporting requirements tied to rape and incest exceptions.
Summary:
The ruling highlights how narrow or internally inconsistent exceptions in abortion bans can undermine a state's legal case and could prompt similar challenges in other states with comparable constitutional health-right provisions. Undetermined at this time.
