Dec 1, 2022 – Update
– Wyoming’s Abortion Trigger Ban Advances To State Supreme Court
October 28, 2022
Today we had a scheduling conference in our case. The court wants to first set a hearing on our motion to intervene, before having a hearing on the state’s motion to certify the question to the Wyoming Supreme Court. This doesn’t necessarily mean we’ll win our motion, but it’s definitely a good sign that the court thinks it’s important to first decide whether we’ll be participating as intervenors before letting the case move along. I’ve seen courts do it the other way, and it usually indicates that they think the proposed intervenor should be left out.
In any event, our hearing on the motion to intervene will be Nov. 21 in Jackson. There will be a video option, and we’ll decide closer to the date whether to appear in person or argue the motion remotely. I’ll forward additional details when I receive them from the court.
Abortion hearing set
By Kate Ready JACKSON HOLE DAILY Oct. 28, 2022
A November hearing has been set in Teton County District Court to address whether two state lawmakers and an antiabortion nonprofit will be allowed to weigh in on the legal battle over Wyoming’s abortion ban.
Ninth Judicial District Judge Melissa Owens communicated her wishes through her staff attorney, Molly Dearing, on Thursday afternoon, saying that after she decides whether the proposed intervenors can participate, she will hear arguments regarding the state’s motion to send legal questions to the state Supreme Court.
Chief among those questions is whether the Wyoming Constitution affords the right to an abortion and whether the current statute is unconstitutionally vague.
The state has argued that allowing the Supreme Court to decide these questions of the ban’s legality would speed up the resolution of the case.
“The court, from a standpoint of addressing one [motion] before the other, wants to address the motion to intervene first,” Dearing said. “Once that order is entered, the court will then address the motion to certify” the legal questions to the state Supreme Court.
Attorneys representing the six plaintiffs, the four defendants and the proposed intervenors were present on the call.
Judge Owens was unable to attend the remote scheduling conference held Thursday at 1:30 p.m., as she was on a plane, Dearing said.
Arguments regarding the ability of the two state legislators and the anti-abortion nonprofit to become parties to the case will be heard in Teton County District Court at 3 p.m. on Nov. 21.
After Owens issues the order regarding whether they will be allowed into the case, she will set a hearing on the motion to certify the case to the Wyoming Supreme Court, Dearing said.
Two women of childbearing age, two obstetric physicians and two pro-choice nonprofits have sued the state of Wyoming, Gov. Mark Gordon and Attorney General Bridget Hill. Teton County Sheriff Matt Carr and Jackson Chief of Police Michelle Weber also are named in the lawsuit.
Attorneys for the plaintiffs, John Robinson and Marci Bramlet, have contested the motion to intervene, requested by nonprofit Right to Life Wyoming along with State Reps. Rachel Rodriguez-Williams, R-Cody, and Chip Neiman, R-Hulett, sponsors of the trigger bill that severely restricted abortion in the state if the U.S. Supreme Court struck down Roe v. Wade, which it did in June.
Denise Harle and Frederick Harrison are representing the proposed intervenors, who stated in their filing that their “significant, protectable interests” in being made parties to the case are maintaining their authority to make laws, protect the health of women and unborn children, and regulate the medical profession.
Special Assistant Attorney General Jay Jerde did not oppose the motion to intervene. He is representing the state of Wyoming, the governor and the attorney general in defense of the abortion ban, which makes an abortion a felony offense in Wyoming.