The Wyoming Supreme Court heard arguments Wednesday regarding the classification of abortion as healthcare, a case that could significantly impact the future of abortion access in the state.
The state is challenging a Teton County judge’s ruling that abortion is a form of healthcare, arguing that laws passed in 2023, which could impose a near-total ban on abortions, should go into effect. The 2023 legislation would make it illegal to perform most abortions, with exceptions only in limited circumstances.
Attorney General Jay Jerde represented the state, arguing that the new law does not violate the state’s constitutional protections for healthcare access. He contended that the legislation is in line with the state’s rights to regulate healthcare for the general welfare of its citizens.
In contrast, attorneys challenging the legislation argued that the law infringes upon rights guaranteed by the Wyoming Constitution. They stated that Section 38 of Article 1, which outlines the right to make personal healthcare decisions, is being violated. They further argued that the law could force women to surrender their personal healthcare rights simply because they are pregnant.
The case centers on whether the 2023 law aligns with Wyoming’s constitutional protections for healthcare and whether abortion should be classified as healthcare under the state’s legal framework. The decision from the court is expected to have far-reaching consequences for abortion access in Wyoming.
