A recent ruling by a state judge in Wyoming has struck down three laws intended to restrict access to abortion, sparking criticism from lawmakers who claim the judicial branch is overstepping its authority.

Background

The Wyoming Legislature has passed several laws aimed at limiting or banning abortion since the U.S. Supreme Court overturned the federal constitutional right to an abortion in 2022. However, none of these laws have withstood judicial scrutiny, with the judiciary consistently citing a voter-approved amendment to the Wyoming Constitution that protects individuals’ rights to make their own healthcare decisions.

Speaker of the House Chip Neiman, a member of the Wyoming Freedom Caucus, sponsored one of the laws struck down by the court. Neiman has suggested that the problem lies with the judicial branch, which he claims is acting as an ‘activist court.’ Other lawmakers have also criticized the courts, with some calling for changes to the state’s system for nominating judges.

Response from Lawmakers

Gov. Mark Gordon has encouraged the Legislature to give voters another chance to amend the constitution to address the issue of abortion. However, some lawmakers are hesitant to pursue this approach, with Sen. Ogden Driskill suggesting that a constitutional amendment should be carefully vetted before being put to a vote.

Rep. Martha Lawley, who authored one of the laws struck down by the court, expressed disappointment at the ruling but remains optimistic that the issue will eventually be resolved through the courts. Lawley sees the ongoing court battle over abortion in Wyoming as a ‘normal interplay’ between the legislative and judicial branches.

The Wyoming Supreme Court has previously struck down two abortion bans, citing the state constitution’s protection of healthcare decisions. The court’s decisions have been consistent in their reliance on this amendment, which was approved by voters in 2012.

Original reporting: Oil City News (Casper WY) — read the source article.