A Wyoming judge ordered the temporary block of an abortion pill ban in the state, the first in the nation before the law took effect on July 1.
The decision came as Wyoming attorneys failed to show that allowing the ban to be implemented on schedule would not harm the lawsuit plaintiffs before their case is resolved. Teton County Judge Melissa Owens ruled after hearing both sides' arguments.
Wyoming Temporarily Blocks Abortion Pill Ban
On the other hand, the plaintiffs in question "have clearly shown probable success on the merits," said Owens when he granted their request to block the abortion pill ban temporarily. The situation comes as other states have implemented laws that imposed de facto bans on the medication by broadly criminalizing abortion itself.
However, Wyoming became the first in the United States in March to specifically ban abortion pills themselves. Two non-profit organizations made the move to sue the law, including an abortion clinic that opened in April in Casper. It also involves four women and two obstetricians, as per Politico.
Furthermore, the plaintiffs of the lawsuit are also suing to stop a near-total ban on abortion that was enacted in the state last March. Owens has already suspended that law and has moved to combine the two lawsuits.
As Wyoming still legally allows abortion, banning abortion pills would require women to get more invasive surgical abortions. During Thursday's hearing, an attorney for those who oppose the ban, Marci Bramlet, warned against the dangers of such a situation.
Bramlet added that it tells people they need open-heart surgery when a simple stent is effective. A state constitutional amendment enacted in 2012 also played a role in the arguments in court. It was passed in response to a new federal healthcare law, the Affordable Care Act, that argues residents in Wyoming have the right to make their own healthcare decisions.
Exceptions to the Law
The new abortion laws in Wyoming allow exceptions to save life and cases involving rape or incest that are reported to law enforcement authorities. However, abortion for any other reason is not considered health care under the amendment, according to the Associated Press.
An attorney for the state, Jay Jerde, said it is not considered to be restoring a woman's body from pain, injury, or physical sickness. He added that medical services are involved, but having an abortion for reasons other than the exceptions cannot be counted as a medical decision.
The abortion pill ban was passed by the state Legislature and signed by Gov. Mark Gordon in March, which made it illegal to "prescribe, dispense, distribute, sell, or use any drug" related to abortion.
Medical professionals found violating the law would be charged with a misdemeanor, face up to six months in prison, and be forced to pay a $9,000 fine. However, it adds that pregnant women would be exempt from charges and penalties, said the New York Times.
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