A state judge Monday halted enforcement of Wyoming’s two new abortion laws, clearing the way for the state’s lone abortion clinic to resume offering those services after a nearly two-month pause.
The laws — a set of new, more stringent regulations and a mandatory ultrasound requirement — “affect a fundamental right expressly provided for by the Wyoming Constitution,” District Judge Thomas T.C. Campbell wrote in his 10-page decision.
“At least at this juncture, the State Defendants failed demonstrating that the laws are necessary, reasonable, or advance a compelling government interest,” Campbell wrote. “In fact, the uncontested evidence indicates otherwise.”
Wellspring Health Access in Casper stopped providing abortions in late February after the Wyoming Legislature passed the new abortion restrictions. It had been the only clinic in the state providing procedural abortions. In the month following the new laws, it referred 80 patients seeking abortions to out-of-state providers.
Following Campbell’s ruling, Wellspring announced it would reopen for abortion services on Thursday. Julie Burkhart, the clinic’s president, called it a “great day for Wyoming.” Burkhart described the new laws as political gimmicks that were “designed to sidestep constitutional protections.”
“These laws have placed burdens on patients and their families, adding stress instead of support,” she said in a statement. “Wyomingites don’t need government overreach in their personal health decisions — they need leadership from their elected leaders who will partner with us for the best possible health care.”
Wellspring and other abortion providers and advocates filed suit the day after the first of the new laws went into effect and asked a judge to halt their enforcement while the case played out. Their attorneys maintain the restrictions — including one that requires abortion clinics to be regulated as “ambulatory surgical centers” — are thinly veiled attempts to block abortion in Wyoming after a separate district judge threw out two abortion bans passed by the Legislature in 2023. Abortion advocates maintain the laws don’t make women any safer and are intended to target Wellspring directly.
Constitutional amendment
In making their case, the plaintiffs’ attorneys cited a 2012 amendment to the Wyoming Constitution that protects people’s rights to make their own health care decisions. The same attorneys used that amendment to convince Teton County District Judge Melissa Owens to overturn the 2023 abortion bans.
In his ruling Monday, Campbell centered his decision on the same constitutional amendment. He rejected the state’s arguments that both new laws protected the health and welfare of women seeking abortions. He noted that the state failed to provide any evidence challenging the plaintiffs’ assertions that surgical abortions are inherently safe, nor did they offer an explanation for why requiring the doctors at Wellspring to have admitting privileges at a nearby hospital is reasonable or necessary.
“Quite simply, the State Defendants fail to link [ambulatory surgical center] requirements to women’s safety and general welfare,” he wrote. “In fact, the evidence presented by the Plaintiffs stands largely uncontroverted.”
Campbell also expressed skepticism toward the state’s arguments for the medical necessity of the ultrasound and 48-hour-waiting-period requirements.
“That a transvaginal ultrasound is necessary to obtain informed consent offends common sense,” he wrote. “The State Defendants assert that such practice could potentially identify ectopic pregnancies earlier; thus, generally promoting women’s health. However, the fact that only women seeking abortions would benefit, corrodes that argument.”
Ruling reaction
In their lawsuit, attorneys for the plaintiffs questioned the state’s arguments over safety. They cited comments by Speaker of the House Chip Neiman, R-Hulett, who has publicly said his support for new abortion laws was focused on ending the practice entirely instead of simply making it safer. As of late Monday afternoon, Neiman had not responded to a request for comment from WyoFile.
The Wyoming Freedom Caucus, of which Neiman is a member, released a statement criticizing Campbell and the ruling. The group described the new laws as common-sense regulations and said its members were “deeply disturbed” by the decision.
Rep. Martha Lawley, R-Worland, sponsored the abortion regulation bill. She did not respond to a message seeking comment Monday, but has said in the past that Wyoming had a “real lack of regulation” in the area of surgical abortions.
Abortion rights advocates cheered Monday’s decision.
“The Court found what we all know — these restrictions are unnecessary, offend common sense and, as Judge Campbell said about the 48-hour waiting period, serve no legitimate purpose,” Christine Lichtenfels, executive director Chelsea’s Fund, an abortion aid group and plaintiff in the case, said in a statement.
“We are so grateful that Wyoming women will once again be able to access vital abortion care without unreasonable and unnecessary restrictions.”
The case took a winding route to reach Monday’s injunction. The plaintiffs filed suit in Natrona County on Feb. 28 and sought an emergency hearing. When Judge Dan Forgey didn’t act on their request after 12 days, they refiled the case in Teton County. It landed before Owens, who ruled it belonged in Natrona County — home of Wellspring — and sent it back.
When it returned, the case was quickly reassigned from Forgey to Campbell, who had retired from a district judge post in Laramie County last year. No explanation was offered by the courts for the switch.
Campbell’s ruling doesn’t end the case. Instead, it halts enforcement of the laws while the lawsuit proceeds.
In the meantime, the Wyoming Supreme Court is now weighing arguments in the 2023 abortion bans case. A ruling on that case is expected later this year.
Staff writer Maggie Mullen contributed to this report.
Of course we all know the laws really ARE to “advance a compelling government interest”. Per “Chip Neiman, R-Hulett, who has publicly said his support for new abortion laws was focused on ending the practice entirely.
And who knew the Freedom Caucus members were all doctors clearly knowledgeable about the necessary “regulations “ that should be in order for their constituents safety! Not me. I am so sick of these nit wits who won’t keep their “hands off” our constitutional rights.
Democrats killing off unborn democrats. Almost the same as cannibalism.
Larry- most of the women I know from in and around Cody who will admit to having had an abortion at some time in their life are in fact Republicans… just sayin’.
I find your comment to be reprehensible , regardless.
Abortion rates are very similar between Democrats, republicans and independents.
Our state and the entire country has gone off the rails since trump came along. A small faction of right-wing extremists have used Christianity to force the country backwards. Now trump and the freedom caucus are destroying our standing in the world. None of this would have had to happen if we all had done our part and paid attention to what both parties were doing. I hope we can move forward, giving women choice over their own bodies, and resisting the destruction of our state’s and nation’s Constitution.
How can an unelected judge decide what the people want? We don’t want abortion. Get it out of our state in Jesus Name
Maybe your comment should read “I don’t want abortion” I don’t think you have been given the right to speak for all other Wyoming voters. Pretty presumptuous on your part.
Judges interpret the law. The lame assertion that judges are writing laws needs to stop.
Wyoming is the equality state, but women are still second-class citizens here.
Very pleased to see Wyoming preserve women’s right to choose what happens to their ‘sovereign’ bodies. This is pro women’s health care! Voters need to vote out the freedumb caucus members! Excellent news!
Thank you Judge Campbell for adhering to Wyoming’s constitution, not the political drivel of Washington-DC-based “Freedom” Caucus (FC) yokels with their weirdo agendas. The FC members gave the best description of themselves that I’ve read so far, i.e. “deeply disturbed.” They’re right. Anyone who enjoys hounding and harassing Wyoming’s women is indeed a deeply disturbed person, akin to being a sociopath, unhinged, psychotic, delusionary, tetched in the head, etc… Time to teach these FC Brown Shirts that Wyoming will not roll over and play dead as they try to goose-step on our rights.
Wyoming is, after all, the equality state…still proving and still upholding its Constitution.
Equality for whom? Certainly NOT the unborn human baby.
Once again, can we stop calling Wellspring and similar clinics “abortion” clinics and begin calling them what they are: Women’s Healthcare Clinics? These Women’s Healthcare Clinics provide mammograms, pelvic exams, family planning, contraception counseling, cancer screenings, pregnancy testing, AND pregnancy termination services. Wellspring and other clinics provide HEALTHCARE for women. This is particularly important in a state where hospitals are closing delivery and maternity centers as cost cutting measures. Wyoming claims to be pro life. If that’s really the case, then, it has to support life care for all ages, from birth to death.
Nice to see Chip Neiman’s admission he is trying to end abortion – not make it safer for women – be a factor in this decision. As I have said before, women in the State Legislature should have had to submit to a transvaginal ultrasound before being allowed to vote for the restriction. Men should have been required to have their prostates scanned with the same wand. Kudos to Wellspring!
I am with you!! Try it on for size and see how it feels. See the restrictions for what they truly are.
First step – and many more to go for the right to choose! We have to get the right people in the Wyoming Legislature!
Now, vote the unfreedom caucus clowns out of office.