"Since the demise of Roe v. Wade, red-state lawmakers have been looking for political cover for unpopular criminal abortion bans, and a simple strategy has emerged: stressing that bans in theory afford access in exceptional cases that voters overwhelmingly support, such as medical emergencies. The goal of this maneuver is straightforward. For voters who are conflicted about abortion, a focus on exceptions makes bans moderate and reasonable."
"A group of patients, doctors, and advocates challenged the constitutionality of the state's abortion bans under Article 1, Section 38 of the Wyoming Constitution, passed as part of the backlash to President Barack Obama's Affordable Care Act. The amendment recognizes a right to make health care decisions. The plaintiffs argued that this right was fundamental and encompassed people's decision to terminate a pregnancy."
Since the demise of Roe v. Wade, red-state lawmakers have used abortion-ban exceptions to portray criminal bans as moderate by preserving access in cases like medical emergencies. Wyoming's Supreme Court struck down the state's abortion ban. Plaintiffs challenged the bans under Article 1, Section 38 of the Wyoming Constitution, which recognizes a right to make health-care decisions. Plaintiffs argued that the right is fundamental and includes decisions to terminate a pregnancy. The state countered that abortion is not health care but the intentional taking of human life, and that protecting prenatal life justified the ban. All five Wyoming justices were Republican appointees.
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