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"This new law is part of a relentless campaign by anti-abortion extremists who continue to push restrictions regardless of settled law, patient safety, or basic compassion," said one critic.
A reproductive rights group coalition that recently got two anti-abortion laws overturned in Wyoming's Supreme Court filed a legal challenge on Tuesday against the insidiously named "fetal heartbeat" legislation signed earlier this week by the state's Republican governor.
The advocacy groups Chelsea's Fund and Just the Pill; Wellspring Health Access, Wyoming's only abortion clinic; and three physicians filed a motion seeking to block HB 0126, the so-called Human Heartbeat Act, which was signed Monday by Gov. Mark Gordon.
The law bans abortion when there is a "detectable fetal heartbeat." Critics note that the term "fetal heartbeat" is medically inaccurate and misleading, as what can be detected with a transvaginal ultrasound at around six weeks of gestation is not an actual heartbeat, but rather electrical activity in fetal tissue that later develops into a heart.
The legislation contains an exception to “preserve the woman from an imminent peril that substantially endangers her life or health, according to appropriate medical judgment," but forces victims of rape and incest to carry their abusers' fetus to term.
The “uNfOrTuNaTe fLaW” he's referring to is that the state's abortion ban has no rape or incest exception. 🤬But this is no accident; these policies are DESIGNED to violate our basic human rights. For the extremists who champion these violent laws, this is a feature, not a bug.
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— Center for Reproductive Rights (@reprorights.org) March 11, 2026 at 7:51 AM
Gordon called the glaring lack of exceptions for rape or incest "an unfortunate flaw."
Wyoming's Republican-dominated Legislature passed the law after the state Supreme Court struck down two other pieces of forced-birth legislation in January.
One of the overturned laws outlawed abortion in nearly all cases, except when the pregnant patient’s life is in danger or for victims of rape or incest. The other banned abortion pills. Both laws were passed after the US Supreme Court overturned Roe v. Wade, reversing half a century of federal abortion rights.
In striking down the laws, the state's high court ruled that they violated residents' ability to make their own healthcare decisions—a right enshrined in the Wyoming Constitution.
The groups challenging the new law echoed the ruling in their motion, arguing the legislation "transgresses the constitutional guarantee of plaintiffs’ and individuals’ to make healthcare decisions without interference from the government."
Chelsea's Fund executive director Janean Forsyth expressed dismay over state lawmakers' relentless attacks on healthcare.
“I'm thinking about everyone from the 15-year-old that we supported, whose grandmother actually reached out, a victim of sexual assault,” Forsyth told Wyoming Public Radio on Wednesday. “I'm thinking about a family with a very wanted pregnancy that we supported in eventually seeking an abortion for a severe fetal anomaly.”
"It's not only affecting access to abortion care, it's affecting reproductive healthcare access generally for parents and children, which is really unfortunate,” she added, referring to medical professionals who are leaving the state for fear of prosecution.
On Wednesday, Brittany Fonteno, president and CEO of the National Abortion Federation (NAF), said in a statement:
A mere two months after two abortion bans were struck down by the state’s Supreme Court, Wyoming’s anti-abortion leaders have enacted yet another ban despite clear judicial rulings and public support for the constitutional right to make personal healthcare decisions. This new law is part of a relentless campaign by anti-abortion extremists who continue to push restrictions regardless of settled law, patient safety, or basic compassion.
“But as they have before, providers are standing firm and fighting back," Fonteno added. "NAF is proud to support Wellspring Health Access and the advocates challenging this ban, and we remain committed to ensuring abortion care is not only legal, but accessible and protected for every person, in every state.”
Abortion access has been tenuous in Wyoming in recent years, with bans and a 2022 arson attack on the Wellspring Health Access clinic in Casper—the state's only full-service abortion facility—causing uncertainty and delays.
Lawmakers in Wyoming considered putting the issue before voters in a referendum but decided against doing so, as such ballot measures have repeatedly resulted in the protection of abortion rights—even in deep "red" and conservative-leaning states including Arizona, Kansas, Michigan, Missouri, Montana, and Ohio.
Wyoming is the fifth state to ban abortion at around six weeks, joining Florida, Georgia, Iowa, and South Carolina.
According to the Guttmacher Institute, 13 states currently have near-total abortion bans, while 28 other states restrict the procedure. Numerous forced-birth bills are pending across the nation, and—while unlikely to pass—the most severe proposals including punishing the medical procedure with lengthy imprisonment and even the death penalty for healthcare providers and patients.
Wyoming’s governor signed into law a so-called “fetal heartbeat” ban. Abortion is now banned in the state when “cardiac activity” is detected, around 6 wks of pregnancy. WY now shifts from “Restrictive” to “Very Restrictive” on our interactive map. Learn more: https://gu.tt/4985P4S#AbortionAccess
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— Guttmacher (@guttmacher.org) March 11, 2026 at 6:00 AM
On Monday, the Center for Reproductive Rights published a report examining the human and economic toll of abortion bans, which a separate study last year by the Population Reference Bureau has linked to 478 excess infant deaths and 59 excess deaths of pregnant people since Roe was struck down nearly four years ago.
It's not only state-level bans that harm patients. Republicans' so-called One Big Beautiful Bill Act, signed into law by President Donald Trump last year, contains the biggest cuts to Medicaid in the program's 60-year history. Dramatically decreased Medicaid funding has resulted in the closure of at least 50 Planned Parenthood clinics nationwide, and the reduction of services at many others.
"Today's ruling affirms what we have always known: that abortion is essential healthcare," said one advocate.
The first piece of state legislation in the US explicitly banning the use of abortion pills was struck down on Tuesday as Wyoming's state Supreme Court ruled that it, along with the state's near-total abortion ban, violated the state's constitutional right to bodily autonomy.
Both laws were passed in 2023, following the US Supreme Court's overturning of Roe v. Wade. One of them banned abortion in nearly all cases, except when the pregnant patient's life is threatened or in cases of rape or incest—a measure similar to those in several other red states.
But while many states' abortion bans have effectively outlawed the use of abortion drugs like mifepristone and misoprostol, Wyoming's was the first to outlaw the use of these pills in its text.
According to a 2023 study by the Guttmacher Institute, 63% of abortions nationwide are done using medications.
In 2012, Wyoming voters approved a constitutional amendment guaranteeing each competent adult the "right to make his or her own healthcare decisions."
Ironically, the amendment was heavily promoted at the time by conservatives who believed it would protect them from what they viewed as "undue governmental infringement" by former President Barack Obama's Affordable Care Act. But reproductive freedom advocates have since used it as a weapon to protect abortion.
In 2023, Wyoming's only remaining abortion clinic, Wellspring Health Access in Casper; the abortion rights group Chelsea’s Fund; and four women, including two obstetricians, sued the state, arguing that the laws violated this constitutional right.
The state's attorneys attempted to argue that the amendment did not apply to abortion, which they claimed is not "healthcare."
In November 2024, a district judge halted both laws, deeming them unconstitutional. Abortion has since remained legal in the state while the lawsuit went ahead.
In a 4-1 ruling, the Wyoming Supreme Court on Tuesday also sided with abortion rights advocates, ruling that both of these laws conflicted with the state’s constitution.
“A woman has a fundamental right to make her own healthcare decisions, including the decision to have an abortion,” the ruling states.
“The state did not meet its burden of demonstrating the abortion laws further the compelling interest of protecting unborn life without unduly infringing upon the woman’s fundamental right to make her own healthcare decisions,” the court added. “As such, the abortion laws do not constitute reasonable and necessary restrictions on a pregnant woman’s right to make her own healthcare decisions.”
Wyoming’s Supreme Court is the state’s highest judicial authority, meaning that the pair of laws is permanently blocked. However, the court said “lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue.”
Janean Forsyth, the executive director of Chelsea's Fund, said the court's decision "is a landmark victory for reproductive freedom in Wyoming, and we are gratified and heartened by the ruling."
"Today's ruling affirms what we have always known: that abortion is essential healthcare, and Wyoming women have the constitutional right and the freedom to make their own healthcare decisions without government interference," she added.
The ruling is a victory for abortion rights at a time when they have come under systemic attack by the Trump administration during his first year back in power, as the Center for Reproductive Rights documented in a report released Monday.
The administration has withdrawn federal guidance that directed emergency rooms to perform abortions in cases where the mother suffers deadly pregnancy complications, which have increased by as much as 50% in states with abortion bans.
A new policy at the Department of Veterans Affairs (VA), meanwhile, prevented veterans on VA health insurance from receiving abortions, including in cases of rape, incest, or severe risk to personal health.
The massive cuts to Medicaid under last year's Republican budget reconciliation bill have also resulted in the closure of at least 50 Planned Parenthood health centers across the nation, and reduced services at many more.
GOP attempts to restrict mifepristone access are also currently being litigated in Florida, Texas, and Missouri.
Health and Human Services Robert F. Kennedy, Jr said during a Senate hearing in May that the Food and Drug Administration (FDA) is currently reviewing its regulations on mifepristone, which was first approved by the FDA 26 years ago. That review has reportedly been delayed until after the 2026 midterm elections in November.
"Too many people wrongly believe that President Trump is done attacking abortion access, and that overturning Roe v. Wade was his endgame,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “But in his first year back in office, the Trump administration is not ‘leaving it to the states’ to decide abortion policy, but wielding federal power to go after abortion access even in states where abortion is legal."
She described "the looming fear that the FDA will soon gut access to abortion pills, which have been a lifeline in post-Roe America," adding that "the threat to further limit access to abortion throughout the nation is real and must be met with vigorous opposition.”
"Make no mistake, this type of reactor has major safety flaws compared to conventional nuclear reactors that comprise the operating fleet," said one expert.
A leading nuclear safety expert sounded the alarm Tuesday over the Trump administration's expedited safety review of an experimental nuclear reactor in Wyoming designed by a company co-founded by tech billionaire Bill Gates and derided as a "Cowboy Chernobyl."
On Monday, the US Nuclear Regulatory Commission (NRC) announced that it has "completed its final safety evaluation" for Power Station Unit 1 of TerraPower's Natrium reactor in Kemmerer, Wyoming, adding that it found "no safety aspects that would preclude issuing the construction permit."
Co-founded by Microsoft's Gates, TerraPower received a 50-50 cost-share grant for up to $2 billion from the US Department of Energy’s Advanced Reactor Demonstration Program. The 345-megawatt sodium-cooled small modular reactor (SMR) relies upon so-called passive safety features that experts argue could potentially make nuclear accidents worse.
However, federal regulators "are loosening safety and security requirements for SMRs in ways which could cancel out any safety benefits from passive features," according to Union of Concerned Scientists nuclear power safety director Edwin Lyman.
"The only way they could pull this off is by sweeping difficult safety issues under the rug."
The reactor’s construction permit application—which was submitted in March 2024—was originally scheduled for August 2026 completion but was expedited amid political pressure from the Trump administration and Congress in order to comply with an 18-month timeline established in President Donald Trump’s Executive Order 14300.
“The NRC’s rush to complete the Kemmerer plant’s safety evaluation to meet the recklessly abbreviated schedule dictated by President Trump represents a complete abandonment of its obligation to protect public health, safety, and the environment from catastrophic nuclear power plant accidents or terrorist attacks," Lyman said in a statement Tuesday.
Lyman continued:
The only way the staff could finish its review on such a short timeline is by sweeping serious unresolved safety issues under the rug or deferring consideration of them until TerraPower applies for an operating license, at which point it may be too late to correct any problems. Make no mistake, this type of reactor has major safety flaws compared to conventional nuclear reactors that comprise the operating fleet. Its liquid sodium coolant can catch fire, and the reactor has inherent instabilities that could lead to a rapid and uncontrolled increase in power, causing damage to the reactor’s hot and highly radioactive nuclear fuel.
Of particular concern, NRC staff has assented to a design that lacks a physical containment structure to reduce the release of radioactive materials into the environment if a core melt occurs. TerraPower argues that the reactor has a so-called "functional" containment that eliminates the need for a real containment structure. But the NRC staff plainly states that it "did not come to a final determination of the adequacy and acceptability of functional containment performance due to the preliminary nature of the design and analysis."
"Even if the NRC determines later that the functional containment is inadequate, it would be utterly impractical to retrofit the design and build a physical containment after construction has begun," Lyman added. "The potential for rapid power excursions and the lack of a real containment make the Kemmerer plant a true ‘Cowboy Chernobyl.’”
The proposed reactor still faces additional hurdles before construction can begin, including a final environmental impact assessment. However, given the Trump administration's dramatic regulatory rollback, approval and construction are highly likely.
Former NRC officials have voiced alarm over the Trump administration's tightened control over the agency, which include compelling it to send proposed reactor safety rules to the White House for review and possible editing.
Allison Macfarlane, who was nominated to head the NRC during the Obama administration, said earlier this year that Trump's approach marks “the end of independence of the agency.”
“If you aren’t independent of political and industry influence, then you are at risk of an accident,” she warned.