Guam
On April 28, 2025, the Ninth Circuit Court of Appeals dismissed Guam Attorney General Douglas Moylan's appeal to lift the permanent injunction against a 1990 total abortion ban. The court deemed the case moot following the Guam Supreme Court's October 2023 decision that the ban had been legislatively repealed. This ruling ensures that abortion remains legal in Guam, maintaining the protection of reproductive rights for its residents.
The original ban, which imposed criminal penalties on patients, providers, and those discussing abortion, was permanently blocked in 1990 through a lawsuit filed by the American Civil Liberties Union (ACLU) and attorney Anita Arriola. Despite Attorney General Moylan's efforts to reinstate the ban, the federal court's decision reinforces the legal status of abortion access on the island.
Meagan Burrows, senior staff attorney at the ACLU Reproductive Freedom Project, emphasized the importance of this ruling, stating, "It is crucial that the right to obtain abortion care remains protected on our island. Rather than repeating the mistakes of the past, we should be working to lift those remaining barriers that make it difficult for people in Guam to get the care they need."
While this decision is a significant victory for reproductive rights advocates, challenges remain. After the retirement of the last abortion provider in 2018, access to abortion services in Guam became limited. In 2021, a lawsuit brought by the ACLU established access to medication abortion via telemedicine. However, legal barriers persist, including a requirement for patients to make an in-person visit before accessing care through telehealth services.
The dismissal of the appeal by the Ninth Circuit Court of Appeals marks a pivotal moment in the ongoing efforts to safeguard reproductive rights in Guam, highlighting the judiciary's role in upholding constitutional protections against legislative attempts to restrict access to abortion services.
