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Wyoming filed to appeal the state’s abortion case. What’s next?

Jay Jerde, the state's special assistant attorney general, listens at a summary judgment hearing for the abortion case in late 2023 in Teton County District Court. He is now leading the change to appeal the judge's decision.
Kathryn Ziesig
/
Jackson Hole News&Guide
Jay Jerde, the state's special assistant attorney general, listens at a summary judgment hearing for the abortion case in late 2023 in Teton County District Court. He is now leading the change to appeal the judge's decision.

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

Wyoming has started the process to defend the state’s near-total abortion bans. It could be almost a year before a final decision is made.

Wyoming filed to appeal the ruling to the state’s supreme court on Friday, Nov. 22, just days after a Teton County district judge struck down two abortion laws passed by the Wyoming Legislature. The judge argued that abortion is healthcare so it’s protected under the state’s constitution.

Now, the state has until Jan. 6 to file a brief with the court. They’ll likely argue that abortion isn’t health care.

The plaintiffs — a group of abortion access advocates — will file their response brief, probably arguing the opposite, and the state will have a chance to respond. This should all wrap up by mid March.

Next, the five-member court will schedule oral arguments as soon as possible. Those will be public and livestreamed. The chief justice has previously said the court stands ready to rule on the constitutionality of the state’s abortion laws.

After the hearing, justices have 120 days to issue an opinion. If everything goes according to schedule, that could happen before early fall.

In the meantime, abortion will remain legal in Wyoming.

The laws in question are the Life is a Human Right Act, which bans almost all abortions, and a medical abortion ban, which bans abortion pills. Both have exceptions for cases of rape, incest and some threats to a woman’s life.

The Republican-controlled legislature enacted both in 2023, but they never fully went into effect due to litigation.

Lawmakers could pass more policies restricting abortion in the upcoming session, which kicks off in January.

Hanna is the Mountain West News Bureau reporter based in Teton County.

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