Case: Johnson v. State of Wyoming II

On March 21, 2023, Chelsea’s Fund, Circle of Hope Healthcare Services, and four private residents of the State of Wyoming filed a complaint in the District Court of the Ninth Judicial District for Teton County against the Governor of Wyoming, the state’s Attorney General, as well as the local city and county police officials. Represented by private counsel, the plaintiffs challenged the state’s newly passed criminal abortion ban and medication abortion ban. This complaint was filed after a prior complaint on the state’s abortion trigger ban had effectively become moot given the new law (see Johnson v. State of Wyoming I). The criminal abortion ban was signed into law on March 18, 2018. It prohibited abortions in Wyoming with limited exceptions, including but not limited to treating an ectopic pregnancy, saving the life of the mother, sexual assault, and pre-viability abortions. The criminal medication ban was also signed into law on March 18; it prohibited “prescrib[ing], dispens[ing], distribut[ing], sell[ing] or us[ing] any drug for the purpose of procuring or performing an abortion.” The abortion medication ban had even more limited exceptions than the criminal abortion ban. Ultimately, the plaintiffs sought declaratory relief that both abortion bans violated the Wyoming constitution, as well as injunctive relief to prevent both from taking effect or being enforced while their case was pending before the state trial court. For purposes of the injunction against the criminal abortion ban, the plaintiffs filed a motion for temporary restraining order (TRO) against the defendants. The case was assigned to Judge Melissa M. Owens. 

On March 22, 2023, Judge Owens granted the TRO due to the constitutional rights at stake in the matter as well as the issues of first impression raised by the plaintiffs. The TRO, thus, enjoined the criminal abortion ban from being enforced. 2023 Wyo. Trial Order LEXIS 1. 

The plaintiffs then filed a motion for temporary restraining order against the criminal medication ban on May 10, 2023. The criminal medication ban was slated to become effective on July 1st, 2023, but the plaintiffs sought to enjoin its enforcement. On June 22, 2023, Judge Owens granted the TRO, thereby blocking enforcement of the medication abortion ban from taking effect. 

On September 23, 2023, the plaintiffs filed a motion for summary judgment for violations of the Wyoming constitution’s provisions on establishment and free exercise of religion, equal protection, and right of healthcare access, while also being void for vagueness. Defendants then cross-motioned for summary judgment on October 5, 2023 alleging the new laws did not violate the state constitution. 

The case is ongoing.