JACKSON, Wyo. — The case challenging the constitutionality of Wyoming House Bill 92, which bans abortion in the state except in cases of rape, incest or to protect the mother’s physical health, was docketed by the Wyoming Supreme Court on Friday, Dec. 9.
The Court has until Jan. 9, 2023, to accept or deny the case. If accepted, the case will receive a schedule and move into the briefing stage, requiring the appealing parties to submit a brief within 45 days.
The appellants in the case include two women who are Wyoming residents, two physicians, Chelsea’s Fund and Circle of Hope Healthcare.
The appellees are Governor Mark Gordon, who signed the bill into law and Wyoming Attorney General Bridget Hill. Teton County Sheriff Matt Carr and Jackson Police Chief Michelle Weber are also named as appellees in the case because they both would be tasked with enforcing the law. Carr and Weber are being represented by Teton County and Prosecuting Attorney Erin Weisman and Town of Jackson Attorney Lea Colasuonno, respectively.
On Nov. 30, Teton County District Court Judge Melissa M. Ownes sent a certification order to the court noting; “This Court does not find any Wyoming Supreme Court precedent addressing the questions of law to be answered.”
Owens included 12 questions to be answered, including if HB92 is “unconstitutionally vague on its face” and if the bill violates residents’ rights to privacy and to make their own health care decisions.
Thats same day, Owens denied a motion to intervene by anti-abortion advocates; the two Wyoming lawmakers who sponsored the bill and an anti-abortion advocacy group.
Five justices sit on the Wyoming Supreme Court which has eight-year terms.