Wyoming Passes New Six-Week Abortion Ban That Lawmakers Call an Insult to Voters
Governor signs bill while warning of constitutional hurdles as identical plaintiffs immediately file suit
Governor Mark Gordon signed the bill while simultaneously acknowledging its constitutional problems, noting that prior abortion bans were struck down by the state's all-Republican-appointed supreme court just this January.
Almost immediately after the signing, an identical set of plaintiffs filed suit against the new legislation, setting up what will likely be another legal defeat for the state. The cycle of passing bans, having them blocked, and passing new ones has drawn criticism from legislators on both sides.
The bill bans abortions after approximately six weeks of pregnancy — before many women know they are pregnant. Critics argue the legislature is deliberately wasting taxpayer resources on laws it knows will be struck down, while supporters maintain they are fulfilling their constituents' wishes.
The situation is unusual because Wyoming's supreme court, despite being entirely appointed by Republican governors, has consistently found that the state constitution protects abortion rights — putting the judiciary at odds with the legislature.
Analysis
Why This Matters
Wyoming illustrates the ongoing legal and political battle over abortion access in post-Roe America. The state's Republican-appointed judges blocking Republican-passed bans shows the issue doesn't break neatly along party lines at the judicial level.
Background
Since the US Supreme Court overturned Roe v. Wade in 2022, abortion policy has been determined state by state. Wyoming has attempted multiple abortion restrictions, all of which have been blocked by its own supreme court on state constitutional grounds.
Key Perspectives
Supporters say the legislature is representing the will of voters who elected Republican majorities. Opponents, including some Republican lawmakers, argue the repeated passage of unconstitutional laws wastes resources and undermines legislative credibility.
What to Watch
Whether the state supreme court again blocks the ban, whether Wyoming Republicans attempt to change the state constitution, and how the case influences abortion legislation in other states.