A new Wyoming law, which bans most abortions, was the topic of a court hearing March 30, though no decisions were made and the ban remains in effect.
A group of abortion access advocates want the Natrona County District Court to block the state law, the Human Heartbeat Act. It has been in effect since March 9 and has resulted in Wyoming women being sent out of state for care.
The law bans abortion when a transvaginal ultrasound detects cardiac activity. That can happen as early as six weeks, a time when many people may not know they’re pregnant.
During a virtual hearing, parties argued over whether abortion access advocates can add that law to an ongoing case in Natrona County.
That same group of advocates is already suing the state over 2025 legislation. One now temporarily-blocked law attempted to require abortion clinics to make certain building renovations and get admitting privileges at a nearby hospital. Another law, also now blocked, tried to require pregnant Wyomingites to get a transvaginal ultrasound two days before taking abortion medication.
Jackson-based attorney John Robinson, who represents the plaintiffs, said a separate case against the Human Heartbeat Act would constitute the sixth abortion-related lawsuit against the state from the same group of abortion rights advocates. In a tactical move, the group is asking to add the new law to the ongoing Natrona County case, instead of filing another lawsuit.
“ So, your Honor, I don't need to belabor this,” Robinson said. “I don't think this is a complicated issue. I think that we've met our burden. I don't think the state has shown prejudice and it seems to us that an amendment is appropriate.”
The state, however, disagreed. Wyoming Attorney General Keith Kautz argued that it would be “unjust” to allow the plaintiffs to add the new law to the existing case.
“All of those things will necessitate completely different experts, completely new discovery, completely new arguments in a completely new schedule. There's no carryover between the cases,” said Kautz, a new voice at the abortion hearing. Assistant attorney generals have typically argued the state’s case when it comes to abortion.
Kautz said the plaintiffs should file an entirely new lawsuit instead.
Judge Thomas T.C. Campbell, who is retired but was brought back in for this case, said he would release a decision on whether plaintiffs can amend the case by the end of the day on March 31.
Either way, the plaintiffs then plan to ask him to issue a temporary restraining order on the heartbeat law to restore abortion access in Wyoming. Robinson told Wyoming Public Radio that the group’s intent is to file for that on April 1.
The same group of abortion access advocates was successful at getting the Wyoming Supreme Court to strike down two near-total abortion bans earlier this year. Justices ruled that those laws violate state residents’ right to make their own healthcare decisions.
