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Wyoming Supreme Court Protects Abortion Access Under State Constitution

3 months ago
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Source: State Court Report

TL;DR

The Wyoming Supreme Court held that the state's 'health care freedom' amendment protects abortion access, potentially prompting similar litigation in Alabama, Arizona, Florida, Ohio, and Oklahoma.

The Wyoming Supreme Court issued a landmark ruling holding that the state's 'health care freedom' amendment — enacted in 2012 in opposition to the federal Affordable Care Act — protects abortion access. This decision could prompt litigation in the five other states with similar provisions: Alabama, Arizona, Florida, Ohio, and Oklahoma. A 'health care freedom' challenge to a law banning gender-affirming care for transgender minors is already pending before the Ohio Supreme Court. The ruling demonstrates how state constitutional provisions can provide broader protections than federal law, particularly in the wake of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization. The decision is part of a broader trend of state courts interpreting their own constitutions to protect reproductive rights, filling gaps left by federal law.

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