Abortion is still legal in Wyoming and will remain that way for a least another 10 months. A new trial discussing abortion as a Wyoming right has been scheduled for April 15, 2024.
The three-day bench trial is set to evaluate whether the recent abortion bans are legal under the Wyoming Constitution. The Constitution itself ensures that state residents have health care autonomy, with the exception being the power given to Legislation to oversee that autonomy.
District Court Judge Melissa Owens recently placed a temporary restraining order on the Life Is A Human Right Act, reversing the ban on all abortions in Wyoming. Health care is a Wyoming right, and currently, Owens defines abortions as heath care. This gives Owens a reason to revisit the Act.
In the meantime, Owens is scheduled to a hearing on June 22, to deliberate whether the chemical abortion ban should be paused.
According to the Cowboy State Daily, the plaintiffs, a group of abortion advocates, argue that the chemical abortion ban will cause them irreparable harm, and may be unconstitutional.
On the defensive side, Attorney General deputy Jay Jerde claims that the ban aligns with Wyoming tradition even before Roe v. Wade, the landmark Supreme Court Case, nationally legalized abortion.
Last June, the Court repealed Roe, removing the federal abortion right, and leaving the decision to each state individually.
Additionally, Jerde argues that the plaintiffs’ argument must be taken with a grain of salt. He claims that it is conjectural, and that there is little fact backing the claim. Further, he believes that Owens is abusing her power, and using it against her constitutional authority.
Jerde wrote, “Plaintiffs are not entitled to a temporary restraining order just because they dislike the policies embodied in the chemical abortion statute.”
The last hearing before the big trial on April 15, 2024 will take place on March 14, 2024.
