Update: Aug. 10: In a 22-page written decision, filed with the Teton County Clerk of District Court today, Aug. 10 at 12:07 p.m., Judge Melissa Owens granted the plaintiffs in Johnson v. State of Wyoming a motion for preliminary injunction.
The injunction restrains the enforcement of House Bill 92, also known as Wyoming’s abortion trigger ban from being enforced.
Unlike the temporary restraining order granted on July 27, which expired today, the preliminary injunction is effective immediately and will stay in effect “until the final resolution of this case on its merits unless modified or dissolved by the Court.”
According to the document, a telephone conference is set for Aug. 24 to address scheduling.
JACKSON, Wyo. — Ninth District Court Judge Melissa Owens will decide by noon tomorrow, Aug. 10, whether or not to grant a preliminary injunction to block the enforcement of Wyoming’s abortion ban.
The preliminary injunction hearing was held in Jackson this morning, in which plaintiffs—including abortion providers, residents and nonprofit abortion funds argued that Wyoming’s abortion ban will cause irreparable harm, and violates their constitutional rights.
In March, the state legislature passed a “trigger ban” in anticipation of the overturn of Roe v. Wade. The law states, “An abortion shall not be performed except when necessary to preserve the woman from a serious risk of death or of substantial and irreversible physical impairment of a major bodily function, not including any psychological or emotional conditions, or the pregnancy is the result of incest as defined by W.S. 6-4-402 or sexual assault as defined by W.S. 6-2-301.”
The plaintiffs sued the state, after Governor Gordon verified the Supreme Court ruling to the Secretary of State on July 22, effectively outlawing abortion in the state.
On July 27, Owens granted a two-week restraining order, effective July 28, that paused the ban, allowing abortion procedures to resume in the interim. The restraining order expires tomorrow.
The defendants in the case are the State of Wyoming, the governor, the attorney general and local law enforcement.
