Update: Abortion proponents seeking to stop the two new pro-life laws in Wyoming from going into effect refiled their case in Natrona County following the case being dismissed by Teton County Judge Melissa Owens.
Abortion regulations remain in place though on hold in Wyoming as a judge dismissed a lawsuit brought by the state’s sole abortion facility challenging two pro-life laws in the state.
In an interesting turn of events Ninth District Court Judge Melissa Owens, who previously sided with abortion advocates in lawsuits against the state pro-life laws, dismissed a lawsuit from Wellspring Health Access and other abortion proponents.
The lawsuit started in Natrona County, however, that county’s court system apparently did not take up the case in a timeframe desired by the plaintiffs and they refiled in Teton County where Owens presides.
“Wyoming Right to Life is pleased that Judge Owens saw through the blatant attempt to ‘judge-shop’ by the plaintiffs,” Marti Halverson, executive director of the organization, told Pregnancy Help News. “Dr. Anthony, a Jackson abortionist, was very clear about this when she said, ‘Teton County has historically been more responsive in the past.’”
Dr. Giovannina Anthony had been quoted saying such in a report from the Jackson Hole News & Guide on the day of the March 21 ruling. The article also quoted Anthony saying, “I’m disappointed,” after the Owens’ dismissal of the case.
The case was dismissed entirely because a change of venue is "not available in case law or by the rules," according to an attorney representing the plaintiffs suing the state, the report said. Owens agreed and said the filing on the part of the state was "effectively a motion to dismiss."
Owens had previously sided with pro-abortion plaintiffs, including Anthony and the Wellspring abortion facility, in a different lawsuit against the state for laws passed in 2023, including making chemical abortion illegal in Wyoming. That case currently sits with the State Supreme Court after the State of Wyoming appealed Owens’ decision. That case is expected to be heard on April 16, Halverson said.
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The two new laws, which went into effect immediately, impact both surgical and chemical abortions. One requires facilities that perform surgical abortions be licensed as surgical ambulatory clinics and have a physician with hospital admitting privileges no more than 10 miles away. The other new law requires women who are seeking chemical abortions to have an ultrasound, most likely a transvaginal procedure, and wait 48 hours before receiving the abortion pill regimen.
Because of the new laws, Wellspring, Wyoming’s only surgical abortion clinic which also dispenses chemical abortion pills, and the Jackson physician who provides chemical abortion, have ceased conducting these procedures.
“We are so grateful that Wyoming legislators place high priority on the health and safety of women,” said Jessica Baxter, CEO and president of True Care Women’s Resource Center, a pregnancy help medical clinic in Casper. “Women deserve high quality care from licensed medical professionals who have their best interests at heart.”
True Care recently relocated, and the new building stands near Wellspring.
Wyoming’s governor Mark Gordon vetoed the ultrasound measure after it readily passed the two legislative houses. He expressed concern that women who had been sexually abused would be further traumatized undergoing a transvaginal ultrasound. The state legislature overrode his veto.
“We pray the misconceptions regarding these new laws won’t deter women from seeking the care they deserve,” Baxter said.
The plaintiffs in this new lawsuit can “refile wherever they so choose under Wyoming law,” Owens said, according to the Jackson Hole News & Guide article.
Halverson expects them to do so.
“Given the tenacity of the pro-abortion lobby, we fully expect the plaintiffs to refile elsewhere,” she said.
“Ten pregnancy centers within the state of Wyoming stand ready to provide women experiencing unplanned pregnancies free services and information on all their options as well as the support and resources they need to make this critical decision,” Baxter said.
Tweet This: As abortion laws are litigated 10 pregnancy centers within the state of Wyoming stand ready to serve women with unplanned pregnancies.
