July 28, 2022 |
A legal ban on abortions in Wyoming lasted only a few hours. Abortion advocates from Teton County won a 14-day stay during an emergency hearing Tuesday. Jackson Hole Judge Melissa Owens ruled in favor of the plaintiffs shortly after the law passed earlier this year went into effect.
The court’s temporary restraining order blocks any legal enforcement of the ban until at least August 10th. Another hearing to decide a preliminary injunction is set for August 9th. The next hearing will also be held in Teton County, home to Wyoming’s only operating abortion clinic.
The plaintiffs contend the ban violates a recently passed amendment in Wyoming’s constitution, which includes an explicit protection of health care rights. The amendment, approved by 72 percent of voters in 2012 amid concerns over Obamacare, allows “each competent adult” in Wyoming to “make his or her own health care decisions.”
Special Assistant Attorney General Jay Jerde, the attorney representing the state, said he doesn’t believe voters would have passed the amendment if they thought it conferred a right to abortion. Jerde noted that the word “abortion” is not found anywhere in the document. Nor is it in the U.S. Constitution.
Because the case pivots on parsing the language contained in the State Constitution, the final decision on the matter likely will not rest with the judge in Jackson Hole. An appeal is likely no matter what the decision is at the August 9th hearing.
