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Wyoming legislature’s political stunt backfires

2000Jayhawk

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In many states, opponents of Obamacare effectively took the GOP’s talking points and turned them into state constitutional amendments protecting patients’ ability to obtain health care that the government might not want them to have. Wyoming’s amendment, for example, provides that “each competent adult shall have the right to make his or her own health care decisions.”



Wyoming district court Judge Melissa Owens’s Wednesday decision temporarily halting her state’s abortion ban is the second time she intervened to prevent this ban from going into effect. Wyoming’s abortion ban is quite strict, although it does provide exceptions for rape, incest, or when either a pregnant patient or the fetus has certain medical conditions.

Last summer, shortly after the Supreme Court’s decision overruling Roe v. Wade, an array of patients, doctors, and nonprofit groups brought a suit arguing that Wyoming’s abortion ban violated the state’s constitutional provision protecting each adult’s right to individual health care decisions. That case is known as Johnson v. Wyoming.

Judge Owens handed down a decision in August halting the law. Among other things, she rejected the state’s argument that the health care amendment was “only adopted to push back against the Affordable Care Act,” and should not be construed to protect abortion rights.



 
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