Courts block abortion bans in Wyoming, North Dakota

Abortion bans set to take effect this week in Wyoming and North Dakota were temporarily blocked Wednesday by judges in those states amid lawsuits arguing that the bans violate their state constitutions.

A judge in Wyoming sided with a firebombed women’s health clinic and others who argued the ban would harm health care workers and their patients, while a North Dakota judge sided with the state’s only abortion clinic, Red River Women’s Clinic in Fargo.

The Wyoming law was set to take effect Wednesday. The North Dakota law was set to take effect Thursday.

Meanwhile, West Virginia lawmakers moved ahead with a ban amid protests and dozens speaking against the measure.

During hours of debate leading up to the 69-23 vote in the Republicandominated House of Delegates, the sound of screams and chants from protesters standing outside the chamber rang through the room.

“Face us,” the crowd yelled.

The latest court action in North Dakota and Wyoming put it among several states including Kentucky, Louisiana and Utah where judges have temporarily blocked implementation of “trigger laws” while lawsuits play out.

Attorneys arguing before Teton County District Judge Melissa Owens, in Jackson, Wyoming, disagreed over whether the state constitution provided a right to abortion that would nullify the state’s abortion “trigger” law that took effect Wednesday.

Owens proved most sympathetic, though, with arguments that the ban left pregnant patients with dangerous complications and their doctors in a difficult position as they balanced serious medical risks against the possibility of prosecution.

“That is a possible irreparable injury to the plaintiffs. They are left with no guidance,” Owens said.

Several states including Wyoming recently passed abortion “trigger” bans should the U.S. Supreme Court overturn Roe v. Wade, which happened June 24. The U.S. Supreme Court formally issued its judgment Tuesday — a step that allowed some states, though not Wyoming, to enact their abortion “trigger” bans.

After a more than threeweek review, Gov. Mark Gordon, a Republican, last week gave the go-ahead for the Wyoming abortion ban he signed into law in March to take effect Wednesday.

The Wyoming law would outlaw abortions except in cases of rape or incest or to protect the mother’s life or health, not including psychological conditions. Doctors and others who provide illegal abortions under Wyoming’s new law could get up to 14 years in prison.

The four Wyoming women and two nonprofits that sued Monday to contest the new law claim it violates several rights guaranteed by the state constitution. Wyoming Special Assistant Attorney General Jay Jerde was skeptical, saying the state constitution neither explicitly nor implicitly allowed abortion.

“No such right exists. You can’t infringe what isn’t there,” Jerde told Owens.

The lawsuit claims the abortion ban will harm the women — two obstetricians, a pregnant nurse and a University of Wyoming law student — by outlawing potentially lifesaving treatment options for their patients or themselves.

Those suing include a nonprofit opening a Casper women’s and LGBTQ health clinic, Wellspring Health Access, that would have offered abortions. A May arson attack has set back the clinic’s opening from mid-June until at least the end of this year.

In West Virginia, meanwhile, lawmakers on Wednesday debated a sweeping abortion ban bill on the House floor that would make providing the procedure a felony punishable by up to 10 years in prison. The bill makes exceptions for rape or incest up to 14 weeks of gestation and for certain medical complications.

The bill now heads to the Senate for consideration.