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mahatmakanejeeves

(60,949 posts)
Mon Jun 19, 2023, 10:43 AM Jun 2023

Surgical abortions likely to remain legal until April 2024 trial

WYOMING

Surgical abortions likely to remain legal until April 2024 trial

Jackson judge will decide next week whether to also halt a medication abortion ban.

By WYOFILE|3 days ago



The Teton County Courthouse. (Angus M. Thuermer, Jr./WyoFile)

Madelyn Beck, WyoFile

The lawsuit over Wyoming’s abortion bans is scheduled for trial on April 15, 2024. Unless the trial is avoided or delayed, surgical abortions in the state are expected to remain legal until then. ... As scheduled, three days will be set aside for a bench trial, in which a judge makes a decision instead of a jury. ... As for medication abortions, they may become illegal in Wyoming as soon as July 1 — unless the Ninth District Court Judge Melissa Owens rules next week to put a temporary restraining order on that separate law.

During a hearing in Jackson on June 22, Owens is expected to decide whether the state’s medication ban should be restrained along with the state’s near-total ban, which she blocked in March. ... In that instance, Owens’ reasoning boiled down to a belief that the law would cause plaintiffs “possible irreparable injury” if it wasn’t enjoined and that it would likely be found unconstitutional on the basis of Article 1, Section 38 of the Wyoming Constitution.

“Each competent adult shall have the right to make his or her own health care decisions,” the constitution states. Later, it adds, “The legislature may determine reasonable and necessary restrictions on the rights granted under this section to protect the health and general welfare of the people or to accomplish the other purposes set forth in the Wyoming Constitution. The state of Wyoming shall act to preserve these rights from undue governmental infringement.”

In their latest filing, dated June 9, plaintiffs — which include health care providers, abortion access advocates and women who may become pregnant — state that the medication abortion ban is also likely to be found unconstitutional.

{snip}

This article was originally published by WyoFile and is republished here with permission. WyoFile is an independent nonprofit news organization focused on Wyoming people, places and policy.
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