CHEYENNE, Wyo. — The Wyoming Supreme Court declined to weigh in on Judge Melissa Owens’ submitted questions relating to the constitutionality of two abortion bans making their way through a lengthy legal battle.
The state’s highest court issued the notice on Tuesday. Owens had submitted a suite of questions to the court regarding the constitutionality of the abortion bans, particularly as they relate to protections for health care. The Supreme Court, in its response, argued that the pleadings were not subject to court’s review but are instead the responsibility of the district court handling the case.
In the document, shared by KHOL, Chief Justice Kate M. Fox states that the Supreme Court “fails to see how it can answer certified questions with the facts set out in the certification order… Applicants claim the abortion laws violate rights to religious liberty. However, the certification order does not provide facts to indicate what religious beliefs are at issue and how those beliefs may be violated by the abortion laws,” among other criticisms of the questions’ semantic makeup.
Fox’s notice did note that she expects that the Supreme Court will participate in the cases at some point.
“This court acknowledges it will likely be required, at some point, to rule on the constitutionality of Wyoming’s abortion laws,” the notice reads. “This court stands ready to do so, if and when those constitutional questions are properly presented to it.”
Johnson v. Wyoming will decide whether the abortion bans passed in 2023 are legal under the Wyoming Constitution. Both pieces of legislation, HB152 “Life is a Human Right Act” and SF109 “Prohibiting chemical abortions,” were blocked by temporary restraining orders granted by Owens last year.
Buckrail will continue to provide updates on the matter as more information becomes available.
