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Abortion-rights advocates cheer Wyoming Supreme Court ruling; opponents plan constitutional amendment – WyoFile

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Abortion-rights advocates cheer Wyoming Supreme Court ruling; opponents plan constitutional amendment – WyoFile


As a plaintiff in the 2022 lawsuit that kicked off years of legal sparring over Wyoming abortion rights, Dr. Giovannina Anthony had waited a long time for Tuesday’s Supreme Court decision on the state’s abortion bans.

“It has been a long road,” she said. One with ups and downs, drawbacks and delays. And even though the high court ruled against the state’s abortion bans, she’s not under the illusion that the fight for abortion access is over. 

“But at least today, we can claim a victory and say, it was really worth it,” said Anthony, a Jackson obstetrician. “It was worth it to go four years and keep it up and keep raising money and keep the awareness going. I’m really proud of our team. I’m really proud of what we accomplished.”

In reading the Supreme Court’s decision siding with plaintiffs, Anthony said, “Clearly, this is a court that holds a lot of respect for our constitution.” 

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That’s because much of the decision hinged on constitutional language. 

Anthony and other plaintiffs argued that abortion is enshrined in the “right of health care access” in Article 1, Section 38 of the Wyoming Constitution. The clause states, “Each competent adult shall have the right to make his or her own health care decisions.”

The state’s attorneys, meanwhile, countered that abortion isn’t health care. 

But in deciding what that language means in this case, “all five Wyoming Supreme Court justices agreed that the decision whether to terminate or continue a pregnancy is a woman’s own health care decision protected by Article 1, Section 38,” the court’s summary stated.

As abortion rights activists in Wyoming and beyond celebrated the decision, the anti-abortion camp decried it and called for legislative action. 

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“This ruling is profoundly unfortunate and sadly serves to only prolong the ultimate proper resolution of this issue,” Gov. Mark Gordon said in a statement. While the ruling may settle a legal question for the time being, Gordon said, “it does not settle the moral one, nor does it reflect where many Wyoming citizens stand, including myself.”

Anti-abortion activists in the silent March for Life in Cheyenne in January 2020. (Nadav Soroker, Wyoming Tribune Eagle/Wyoming News Exchange)

Gordon asked the Attorney General’s office to file a petition for rehearing the decision, which it will file within 15 days.

The voters of Wyoming should settle the matter once and for all, Gordon argued. “A constitutional amendment taken to the people of Wyoming would trump any and all judicial decisions.”

He called on the Legislature to pass such an amendment during the upcoming session and deliver it to his desk. A constitutional amendment requires a two-thirds vote in both the House and Senate to appear on the ballot in the following general election. 

Gordon may get his wish during the Legislature’s 2026 budget session, which convenes Feb. 9.

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State lawmakers are already preparing a bill to modify the Wyoming Constitution and clear a path for another attempted abortion ban. Speaker of the House Chip Neiman, a Republican from Hulett, said that he’s been workshopping language with Torrington Republican Sen. Cheri Steinmetz. 

“I’ve got to run it by a lot of other people,” Neiman said. 

Reps. Rachel Rodriguez-Williams and Chip Neiman listen during a 2023 hearing on their request to defend Wyoming’s abortion ban. (Brad Boner/Jackson Hole News&Guide/Pool)

Ideally, he added, a single constitutional amendment would be considered, although the legislative strategy is still up for discussion. 

“We’ve got a little over a month before we have to be in session,” Neiman said. “That’ll give us time to kind of see which is maybe the best plan of action.” 

A constitutional amendment would have to navigate the legislative process in a 20-day session geared toward passing Wyoming’s budget. Then, in the 2026 general election, more than half of Wyoming voters who cast a ballot would have to agree to the constitutional change.

Neiman struck an optimistic tone about an amendment’s prospects of passing the first hurdle during the session in Cheyenne.

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“I can’t speak for the other chamber,” he said, “but in my chamber I’ve got a lot of phone calls and a lot of texts from a lot of my legislators who are just beside themselves at what happened.”

Senate President Bo Biteman did not return a phone call before this story published.

Victorious 

Chelsea’s Fund, an organization that helps pay for abortion services, was another of the plaintiffs that challenged Wyoming’s abortion bans. Executive Director Janean Forsyth said Tuesday’s decision affirms what her organization has long known: “that abortion is essential health care, and Wyoming women have a constitutional right and the freedom to make their own health care decisions, and that should be without government interference.”

Forsyth was flooded with messages and calls Tuesday, she said, especially from the community of reproductive rights organizations. 

“I think that [the news is] a beacon of hope for, not only Wyoming communities and families, but also nationwide,” she said. 

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Christine Lichtenfels was Chelsea’s Fund executive director when the original suit was filed and throughout much of the legal battle. Relief wasn’t quite the word to describe how she felt Tuesday, she said. 

“In reading the decision, there is just a sense that, ‘Oh, there is reason in the world,” she said. “It makes me think that, yes, Wyoming is the Equality State. We can say that now without cringing.” 

(Disclosure: Lichtenfels is currently working with WyoFile on an unrelated legal matter.)

The Wellspring Health Access clinic in Casper is pictured in December 2022, and shows signs of May 2022 arson, including boarded up windows. (Dustin Bleizeffer/WyoFile)

Wyoming’s only abortion clinic, Wellspring Health Access in Casper, was also a plaintiff in the lawsuit. Knowing the decision would directly impact the facility’s fate, Clinic President Julie Burkhart was nervous when she opened it. Reading quickly dispelled her fears, she said, as it dawned on her that the justices sided with the plaintiffs’ legal team. 

“We are delighted,” she told WyoFile.  

Many people questioned her 2021 decision to open an abortion clinic in such a conservative state, she said. The court decision solidifies an intuition she felt back then about Wyoming residents’ sense of what’s fair and right. 

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Burkhart and colleagues expect future challenges to arise, however. 

“While we celebrate today’s ruling, we know that anti-abortion politicians will continue their push to restrict access to health care in Wyoming with new, harmful proposals in the state legislature,” Burkart said in a statement. “Patients should not have to live in fear that their health care decisions will be suddenly upended at the whim of a judge or lawmaker.”

Across the state in Jackson, Dr. Anthony anticipates the Wyoming Freedom Caucus will attempt to pass laws that impose targeted restrictions against abortion providers — such as forcing patients to hear a fetal heartbeat or wait a certain time period before the procedure. 

“Unfortunately, the fight’s not over,” Anthony said, “but this is a great moment for us.”

Heartache 

Abortion opponents expressed sadness Tuesday and vehemently disagreed with the court’s opinion. 

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State Rep. Rachel Rodriguez Williams was lead sponsor of one of the abortion bans. The Cody Republican and chair of the Wyoming Freedom Caucus did not respond to a request for comment, but posted about the decision on X. 

“My heart aches for Wyoming today,” Rodriguez Williams posted. “Thanks to the decision of four unelected, unchecked attorneys, it’s open season in Wyoming for innocent, preborn babies. Make no mistake: courts can get things wrong, and they sure did get this wrong. I’ll never stop fighting to protect life.”

Anti-abortion billboards can be seen along some Wyoming highways. (Tennessee Watson/WyoFile)

Wyoming Secretary of State Chuck Gray also protested the decision, which he called “outrageously wrong” and “a leftwing activist decision totally out of touch with the Wyoming Constitution.”

Natrona County anti-abortion activist Bob Brechtel, a former Wyoming House member, also expressed frustration with the courts, criticizing the nearly two-year-long wait for a decision and saying he was “ashamed” of the outcome from the high court. 

In 2011, Brechtel co-sponsored the bill authorizing a later-successful constitutional amendment ballot measure that now protects individuals’ rights to make their own health care decisions. Born out of opposition to the Obama-era Affordable Care Act, what became Article 1, Section 38 caused some lawmakers to worry about potential unintended consequences. 

Fifteen years later, one unintended consequence came to fruition. Reached Tuesday, Brechtel confirmed that he did not intend to protect women’s right to have an abortion in Wyoming. 

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“There was nothing in the legislation about killing innocent human beings,” he said. “This whole thing has been completely regenerated into something that it was never intended to be.”





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(LETTERS) Wyoming Supreme Court judges, congressional responsibility, pregnancy and US involvement in the Middle East

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(LETTERS) Wyoming Supreme Court judges, congressional responsibility, pregnancy and US involvement in the Middle East


Oil City News publishes letters, cartoons and opinions as a public service. The content does not necessarily reflect the opinions of Oil City News or its employees. Letters to the editor can be submitted by following the link at our opinion section.


Wyoming Supreme Court judge process better than federal’s

Dear Casper,

This letter is in response to Mr. Ross Schriftman’s letter to the editor from April 11. His opinion appears to be that the Wyoming process of selecting Wyoming Supreme Court justices is somehow flawed. Justices are selected through a merit-based assisted appointment process. When a vacancy occurs, a seven-member Judicial Nominating Commission recommends three candidates to the governor, who appoints one.

Appointed justices serve at least one year before standing in a nonpartisan retention election for an eight-year term.

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The commission consists of the chief justice as chair/tie-breaker, three attorneys selected by the Wyoming State Bar and three non-attorneys appointed by the governor. The governor must select one of the three nominees provided by the commission to fill the vacancy.

After serving at least one year, justices stand for retention in the next general election. Voters cast a “yes” or “no” vote. If retained, the justice serves an eight-year term.

Candidates must be U.S. citizens, Wyoming residents for at least three years, licensed to practice law, and have at least nine years of legal experience. Justices must retire at age 70.

U.S. Supreme Court are appointed for life!

I would offer that the Wyoming process is superior to that of the U.S. Constitution. Voters are involved the process, which we are not at the federal level.

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Wyoming justices can be impeached and removed from office by the state House of Representatives and Senate.

Michael Bond
Casper


Wyoming delegation must answer for President Trump’s Iran policy

Dear Casper,

Sent this to each of our Wyoming congressional delegates. I lived in Montana for years. These are the questions the Daily Montanan asked of their elected congressional representatives.

I ask the same questions of our Wyoming delegation. Montana got no answers. I doubt that we will either.

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  1. President Donald Trump has continued to threaten to hit targets that would affect or kill civilians in Iran. Do you support his stated objectives and deadlines?
  2. Are you concerned that some of these targets could be construed as attacking civilians and therefore become war crimes?
  3. Do you have any concerns about wiping out an entire civilization, as Trump has threatened?
  4. If these are only rhetorical threats, what does that do to our stature in the world when we make threats, but don’t follow through with them?
  5. Polls have continued to show more than a majority of Americans do not support the efforts against Iran. Why do you support the effort?
  6. If you do not support the effort in Iran, at what point would you support Congressional intervention or oversight on the issue?
  7. Have you been briefed and do you believe that there are clear objectives in this war with Iran, and how can you communicate those with your constituents?
  8. The U.S. has repeatedly criticized Vladimir Putin and Russia for its invasion and treatment of the Ukrainian people and it sovereignty. How does that differ from America’s “excursion” into Iran?
  9. What is your message for Montanans who are seeing gas prices and the cost of living generally increase?
  10. Last week, President Trump said that America doesn’t have enough money for healthcare and childcare; further, those things must be left to the individual states in order to fund the military? Do you agree?
  11. President Trump continues to boost military budgets and request additional funding for the war in Iran. Do you support these?

Tami Munari
Laramie


Pregnancy is personal, not political

Dear Casper,

The recent Wyoming Supreme Court ruling, which affirmed abortion is health care, has caused some who disagree with the ruling to attack Wyoming’s judicial system.

In an opinion letter, candidate Ross Schriftman facetiously writes, “…our God-given First Amendment right of free speech does not apply when criticizing our fellow citizen judges.”

This is the first flaw in his logic because the Constitution was not written by God, therefore the right of freedom of speech was thought up and written by men. God is not the author nor guarantor of personal freedoms — our Constitution and judicial system are.

The second flaw in his argument references a letter signed by 111 professionally-trained, experienced, and well-respected Wyoming judges and attorneys explaining how the courts arrive at their rulings. It is illogical to claim we are all “citizen judges” because even though citizens have a constitutionally-guaranteed right to an opinion, it does not make every citizen a legal expert. The judges’ and attorneys’ excellent letter speaks for itself.

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Mr. Schriftman claims the Supreme Court, “… create(d) an absurd definition of health care to include the intentional murder of pre-born human persons; something they did to justify overriding the equal protection clause… .” This logic is flawed because it is based on a conflation of an obsession with “pre-born human persons” and equal protection under the law.

There is significant disagreement on the issue of fetal personhood and who gets to determine it: the doctors? the lawyers? the pregnant woman? the anti-choice crowd?

Many understand and appreciate it has taken women almost 200 years to gain and keep Equal Protection Under the Law, and the disagreement over who is legally, materially, and morally responsible for a fertilized human egg has always been part this historical struggle. But it was the Roe v. Wade Supreme Court decision that finally established a constitutional right, for women and men, to private health care decisions and, since pregnancy is a health condition, that included abortion.

Even though it wasn’t explicit, Roe also effectively affirmed that bestowing of “personhood” is a private determination to be made by the pregnant woman and her God. But, sadly, here we are again, dealing with folks who mistakenly believe they have a right to interfere in someone else’s pregnancy.

The Rev. L Kee
Casper

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Why does the U.S. keep troops in oil producing countries?

Dear Casper,

There are two facts that don’t ever seem to be considered by our government that cost us dearly.

Osama Bin Laden said the stationing of U.S. troops in the Middle East was the reason Al Qaeda attacked us on 9/11. Does the U.S. believe that the oil producing countries in the Middle East will only sell us oil if we force them to by stationing troops there? I’m not aware of any other countries that believe that.

The other fact is, the U.S. is the only country to ever use a nuclear weapon offensively. There are several countries that have nuclear weapons, including North Korea. The reason countries have been reluctant to use nuclear weapons is MAD, mutually assured destruction. Consequently, is it reasonable to expect Iran, should they develop a nuclear weapon, to attack the U.S., knowing that our superiority in nuclear capability would assure the complete destruction of their country? It clearly would be suicidal for them to do so.

But, just to be cautious, rather than destroying the entire country to deter Iran from acquiring a nuclear weapon, wouldn’t it make more sense to destroy their nuclear infrastructure?

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Bill Douglass
Casper





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Wyoming’s Indigenous students can now apply for new UW scholarship

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Wyoming’s Indigenous students can now apply for new UW scholarship





Wyoming’s Indigenous students can now apply for new UW scholarship – County 17




















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Artemis II Astronauts Credit Wyoming-Based NOLS For Prepping Them For Moon Mission

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Artemis II Astronauts Credit Wyoming-Based NOLS For Prepping Them For Moon Mission


Before they ever left Earth, all of NASA’s Artemis II astronauts trained with the National Outdoor Leadership School (NOLS) — and for some, that preparation included long days navigating Wyoming’s backcountry.

That NOLS training was singled out by Artemis II Commander Reid Wiseman Thursday during the crew’s first group interview from NASA’s Johnson Space Center in Houston, Texas, after returning to Earth on April 10 from it’s 10-day mission to the moon and back.

He reflected on decision-making under pressure and how lessons learned through NOLS resurfaced during moments of stress and distraction.

“There’s a saying that we learned from one of our National Outdoor Leadership School instructors: integrity is not a one or a zero,” Wiseman said. “You can be in integrity, and you can be out of integrity — and I’ll be the first to admit that there were moments when I was out of integrity because sometimes the view or the human experience would just pull me away from the work.”

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The partnership reflects a longstanding relationship between NOLS and NASA, the United States’ civilian space agency, and the Lander-based outdoor education organization.

Since 1999, NASA has worked with a variety of organizations and contracted NOLS for more than 45 wilderness expeditions designed to help astronauts prepare for the realities of long-duration spaceflight.

Those expeditions place crews in remote, resource-limited environments where communication, leadership and teamwork become essential for safety — conditions that mirror life inside a spacecraft.

In 2023, Cowboy State Daily chronicled the Artemis II astronauts training in the Cowboy State. At the time, the connection between Wyoming’s wind-carved wilderness and the engineered isolation of deep space felt philosophical.

Now, after completing their mission, the astronauts say the lessons they learned in Wyoming followed them all the way to lunar orbit.

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From Wyoming Backcountry To The Moon

For NOLS instructors, the connection between wilderness leadership and spaceflight comes down to a single idea, what the school calls “expedition behavior.”

Rick Rochelle, senior faculty and leadership coach at NOLS, told Cowboy State Daily on Friday that the concept explains why NASA continues to partner with the organization decades after the relationship began.

“There’s a phrase that NOLS calls ‘expedition behavior,’ and that is clearly the most important part of why NASA works with us and how it translates,” Rochelle said.

The term was coined by NOLS founder Paul Petzoldt, a mountaineer who set an altitude record on K2 in 1938, served in the 10th Mountain Division during World War II and later built the school around the idea that leadership is defined by responsibility to others.

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“He said it’s an awareness of others’ needs and the character to make those needs as important as your own,” Rochelle said. “It’s really about how to be a great team member.”

Lynn Petzold, also senior faculty at NOLS, said astronauts who train with the school are placed in situations where leadership theory becomes practical experience — where decisions must be made under stress, and reflection becomes part of daily operations.

“NOLS provides experience for astronauts to go through leadership theory, work under stress, and reflect and debrief — extracting the learnings from the day and implementing them moving forward,” Petzold said. “That’s how you continue to grow and become a better team.”

The wilderness setting itself plays a critical role.

Long stretches in remote terrain force participants to manage fatigue, communicate clearly and make decisions without outside support. These are conditions that closely resemble life inside a spacecraft.

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“This ties to the previous question, which is being in an austere environment for long periods away from distractions,” Rochelle said.

Why Wyoming Keeps Showing Up In Spaceflight

The connection between Wyoming and human spaceflight has grown steadily over the past quarter century, turning Lander into an unlikely but consistent training ground for astronauts preparing to leave Earth.

In the Wyoming backcountry, that might mean navigating a sudden weather shift or managing exhaustion miles from the nearest road.

In space, the same principles scale to orbital mechanics, life-support systems, and the psychological weight of isolation.

For instructors who have watched astronauts move through Wyoming’s mountains and deserts, the pride in the Artemis II mission is personal, Rochelle said.

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“These are amazing human beings,” he said. “They love each other. They’re mission-focused, and they clearly want to have a positive impact on all of humanity.”

Petzold agreed.

“These are awesome human beings who were excited to be part of this mission,” she said. “They had a lot to contribute as individuals, and as a group they really brought it together. 

“NOLS is just really excited and proud to work with NASA and this crew to pave a new path forward as we return to the moon. We’re proud to have been a small part of it.”

The same training that teaches students to read about weather, manage fatigue and support teammates in the Wind River backcountry is now helping shape how astronauts operate in deep space.

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Kolby Fedore can be reached at kolby@cowboystatedaily.com.



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