Wyoming Supreme Court: Anti-abortion lawmakers can’t be involved in court case

Chief Justice Katie Fox denied the lawmaker's proposal in a brief order filed March 4.
Wyoming State Reps. Rachel Rodriguez-Williams and Chip Neiman listen during a hearing on their previous request to defend Wyoming's abortion ban in Teton County District Court in June 2023. (Bradly J. Boner / Jackson Hole News & Guide, Pool)

This story is part of our Quick Hits series. This series will bring you breaking news and short updates from throughout the state.

Update March 6: The Wyoming Supreme Court has denied the anti-abortion lawmakers, advocacy group and physicians’ attempt to provide additional arguments in the ongoing legal battle over abortion access in the state.

In an order filed March 4, Chief Justice Katie Fox wrote, “After a careful review of the motion, the proposed amicus brief, and the file, this Court finds the motion should be denied.”

She didn’t give any further explanation.

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This move tracks with other decisions from the state Supreme Court. Justices have denied similar motions to intervene in recent years.

Original Feb. 24 story:

Abortion opponents are asking to provide additional arguments in Wyoming’s ongoing legal battle over the right to have abortions.

The state is currently defending its two near-total abortion bans before the Wyoming Supreme Court. And now, some state lawmakers and an anti-abortion nonprofit say they want to add more “medical literature.”

That includes Right to Life Wyoming, Rep. Rachel Rodriguez-Williams (R-Cody), Speaker of the Wyoming House Chip Neiman (R-Hulett) and Vice Presidents of the Senate Tim Salazar (R-Riverton).

It’s just their latest attempt to get involved in the case. They’ve also tried to “intervene” or become another party only to be denied by the courts.

This time around, they filed a proposed amicus, or “friend of the court,” brief. It asserts that life begins at fertilization and that abortion can harm women’s health.

The doctors and nurses fighting to protect access, however, say abortion is safe, and being forced to carry a pregnancy to term comes with greater health risks.

A Teton County district judge also rejected many of the arguments of the abortion opponents late last year, ruling that the near-total bans are unconstitutional.

The Wyoming Supreme Court is now considering the state’s appeal of that ruling. The justices will decide whether to consider the additional anti-abortion arguments.

A group of Wyoming doctors, including two retired physicians and three active OB/GYNs, also filed proposed amicus briefs where they argue “abortion on demand” is not essential healthcare.

The abortion access advocates have until March 20 to submit their arguments. A trial on the broader case is expected this spring.

This all comes as state lawmakers try to restrict access in other ways during the current legislative session. 

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About Hanna Merzbach

Hanna is a Wyoming Public Radio/Mountain West News Bureau reporter based in Teton County. She got her start in radio at KHOL where her award-winning work covering women's health access in the region landed on NPR and stations across the Rockies. In her free time, you can find Hanna scaling rock walls or adventuring in the mountains.

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