A group of Wyoming doctors and abortion providers has refiled a lawsuit in Natrona County in an effort to block two new state abortion laws, following a dismissal in Teton County last week, Casper Star-Tribune reports.
The lawsuit, led by Wellspring Health Access, the state’s only abortion clinic, challenges a law requiring the clinic to be licensed as an ambulatory surgical center. This classification subjects Wellspring to Department of Health regulations, inspections, and building requirements, which critics argue are designed to force its closure.
Since Governor Mark Gordon signed the law last month, Wellspring has stopped accepting new patients, referring 56 women to out-of-state providers in just the first five days of its closure, according to court filings.
A second law included in the lawsuit mandates that anyone seeking medication abortion must first undergo a transvaginal ultrasound and then wait 48 hours before taking abortion pills. Opponents argue there is no medical justification for the ultrasound and claim the requirement is intended to discourage abortion access.
Governor Gordon vetoed the ultrasound bill, but the Wyoming Legislature overrode his veto, allowing it to become law.
The plaintiffs initially filed their lawsuit in Natrona County on February 27, the same day Gordon signed the clinic restrictions into law. However, after five business days without a response to their request for an emergency hearing, they moved the case to Teton County, where Judge Melissa Owens had previously ruled against two statewide abortion bans.
State attorneys accused the plaintiffs of “forum shopping”—seeking a judge more likely to rule in their favor. However, Judge Owens dismissed the case on procedural grounds last Friday, stating that Natrona County was the proper venue.
The plaintiffs then re-submitted their lawsuit in Natrona County the same day and are now waiting for Judge Dan Forgey to respond. They have also requested a scheduling conference for an emergency hearing.
Wyoming lawmakers say these restrictions aim to protect women’s health, with House Speaker Chip Nieman stating he hopes the ultrasound requirement will encourage women to reconsider abortions.
Opponents argue that the laws limit access to abortion services and are part of a broader effort to eliminate abortion care in Wyoming. Attorney John Robinson, representing the plaintiffs, wrote in a March 21 court filing that the harms caused by the laws outweigh any impact the state might face if they are blocked.
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