On January 6, 2026, the Wyoming Supreme Court declared that various recent state statutes, aimed at limiting abortion, including the first total ban on abortion pills in the United States, are against the Wyoming Constitution. The court's ruling, in favor of health rights, signifies that abortion will continue to be legal in Wyoming, at least for now. The case that resulted in this ruling was brought forth by the abortion clinic, along with numerous women, who claimed that the laws undermined their constitutional rights.

The court found that the laws, which reduce abortion access, are in direct opposition to a constitutional amendment that was ratified by Wyoming voters in 2012. This amendment states that adults have the right to make their own medical decisions and the justices stated that it ensures the right to terminate a pregnancy.

What Laws Were Struck Down

The Wyoming state legislature's 2022 laws that were declared null by the Supreme Court included the following significant regulations:

1. An almost complete prohibition on abortion, with only a very limited choice for the mother’s life to be saved, or in cases of rape or incest.

 

2. An unambiguous ban on the prescription of abortion pills, which made Wyoming the very first U.S. state to impose such a prohibition.

 

3. Other regulations on medical abortion that were linked to the banned laws.

 

Even before the ruling by the Supreme Court, a lower court had already intervened and halted those laws from coming into force as a result of a lawsuit by the Wellspring Health Access—the only clinic in the state providing abortion services—together with some advocacy groups and four women, two of them being obstetricians. The court decision stated that the new laws were against the state constitutional provision for health care decision-making.

Arguments From Both Sides

During the legal battle, the attorneys for Wyoming asserted that abortion is not a medical procedure and thus, it should not be included in the state's constitutional protections. They also pointed out that the state constitution does not guarantee access to abortion explicitly. However, the Supreme Court justices dismissed this argument, stating that it is not their function to insert words into the constitution.

The ruling was a disappointment for Republican Governor Mark Gordon, who has been backing the abortion restrictions. He remarked that it does not resolve the ethical issue and urged the legislature to come up with a new constitutional amendment that would prohibit abortion and allow the public to vote on it. This proposed amendment would need a two-thirds majority in the legislature to be introduced.

What Happens Next

Even if the Supreme Court decision would not outright ban abortion, it would still be possible to push its limitations through various methods like amendments to the constitution or laws. In the list of 2023 activities, some laws limiting abortion clinics and requiring ultrasounds for medication abortions are among those still in the challenge phase.

This decision, in general, opens a new chapter in the already heated national discussion about the legality of terminating pregnancies and it is indicative of how the various state courts and constitutions could still impact access to abortion even when the federal protections are gone as a result of the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization ruling.