A liberal Wyoming judge has struck down two pro-life laws that would protect babies from abortions.
Teton County District Judge Melissa Owens blocked an abortion ban that prohibits killing babies in abortions and has exceptions for the mother’s life as well as rape and incest. The second law Judge Owens struck down was a ban on the dangerous abortion pill that has killed multiple women and millions of babies.
Although ending the life of a baby before birth is not health care, Owens said that the two statutes “impede the fundamental right to make health care decisions for an entire class of people, pregnant women.”
Never mind that the law protects an entire class of people, unborn children.
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“The Defendants have not established a compelling governmental interest to exclude pregnant women from fully realizing the protections afforded by the Wyoming Constitution during the entire term of their pregnancies, nor have the Defendants established that the Abortion Statutes accomplish their interest,” Owens wrote. “The Court concludes that the Abortion Statutes suspend a woman’s right to make her own health care decisions during the entire term of a pregnancy and are not reasonable or necessary to protect the health and general welfare of the people.”
Wyoming was hoping to join the 17 states that currently protect babies from abortion either from conception or when their heartbeat can be detected at around 6 weeks.
The state is expected to appeal the decision.
The Supreme Court overturned Roe v. Wade, with a 6-3 majority ruling in the Dobbs case that “The Constitution does not confer a right to abortion.”
“We hold that Roe and Casey must be overruled. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Justice Samuel Alito wrote for the majority.
“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment,” Justice Samuel Alito wrote in the majority opinion. “That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be ‘deeply rooted in this Nation’s history and tradition’ and ‘implicit in the concept of ordered liberty.’”
Justices ruled to uphold Dobbs, which limits abortion to 15-weeks in Mississippi, effectively overturning Roe v. Wade and returning abortion law to the states.
“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Alito wrote.
“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” Alito wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”
Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer authored a joint dissent condemning the decision as enabling states to enact “draconian” restrictions on women.
