Wyoming To Ban Abortion Medication

Abortion medications, such as mifepristone, have been considered by many to be the equivalent of a safe harbor for women seeking abortion in states where abortion is either banned or restricted.  On Friday, Wyoming became the first state to ban chemical abortions when Governor Gordon of Wyoming signed into law a ban on the sale, use, or prescribing of chemical abortions. 

The law goes into effect July 1, 2023, and violation is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of up to $9,000, or both.  Interestingly, the law does not expressly name mifepristone, which is viewed as a defensive move to prevent drug manufacturers from coming up with a new or different named comparable medication.  Notably, there are exceptions relating to the treatment of a “natural miscarriage,” or treatment that is, “necessary to preserve the woman from an imminent peril that substantially endangers her life or health….”  According to the Pew Research Center, chemical abortions represent a majority of pregnancy terminations in the United States. 

Additionally, on March 19, 2023, another more broadly drafted bill banning abortion in Wyoming became law.  The intention of this law was to proactively defend any further constitutional challenges by claiming that abortion is not health care.  An earlier statutory abortion ban was enjoined by a federal district court because it was believed to violate the state constitution.  As a result, at this time, abortion is banned in Wyoming.

As new developments arise, we will continue to update our Dobbs Decision Resource Center.  In the meantime, please contact one of the lawyers in Shipman’s Health Law practice group if you have questions about this ever-changing legal landscape.