CHEYENNE, Wyo. — Wyoming’s abortion saga continued Tuesday when the lawyers litigating the challenged abortion ban laws spoke before the Wyoming Supreme Court regarding the allowance of intervenors to join the case of Johnson v. Wyoming set for trial in April 2024. Johnson v. Wyoming will decide if the recent abortion bans are legal under the Wyoming Constitution.
In March, the Wyoming Legislature passed two abortion bans. Both pieces of legislation, HB152 “Life is a Human Right Act” and SF109 “Prohibiting chemical abortions,” were blocked by temporary restraining orders granted by Ninth District Court Judge Melissa Owens in March and May. In June, Judge Owens filed the trial’s scheduling for April 2024 along with two separate pretrial conferences to be held Dec. 14 and March 14, 2024.
Tuesday’s remarks revolved around an appeal to allow intervenors in the case determining the constitutionality of banning abortion in the state. Wyoming Representatives Rachel Rodriguez-Williams and Chip Neiman requested to participate in the case along with pro-life advocacy group Right to Life Wyoming. Owens denied the request earlier this year.
Tim Garrison, the attorney representing the reps and advocacy group, argued that the case has “significant public interest” and would benefit from the inclusion of his clients.
Peter Modlin, the attorney representing the plaintiffs arguing against the ban, discouraged the court from allowing the intervenors to participate.
“What the proposed intervenors are asking this court to do today is truly unprecedented,” Modlin said, calling it a “slippery slope issue.”
“If you begin to allow legislators [to intervene]… we’re going to get a reprise of the political debate in court, which is not appropriate,” Modlin said.
The attorney representing the State of Wyoming emphasized keeping the case focused on the letter of the law rather than any political implications.
“They’re trying to treat this like a court case,” Assistant Attorney General Jay Jerde said. “They are not treating this like a case with constitutional questions only.”
“The state is defending this case as vigorously as it can possibly be defended…. fully and aggressively,” Jerde added.
The Wyoming Supreme Court is expected to issue a written opinion on the matter of intervenors at a later date. On Thursday, Dec. 14, the first pretrial conference will be held in front of the Judge Owens who could issue a ruling or determine to send the case to trial next spring.
