State attorneys defending Wyoming’s new abortion restrictions are requesting that the legal challenge be heard in Natrona County rather than Teton County, Wyoming News Now reports.
A motion for a change of venue was filed on March 12 in the 9th District Court in Teton County, citing concerns over “judge shopping” and the lawsuit’s connection to Casper’s Wellspring Health Access clinic.
The lawsuit was originally filed in Natrona County’s 7th District Court by Wellspring Health Access, Wyoming’s only procedural and medical abortion clinic, along with five other plaintiffs. However, after two weeks without progress, the plaintiffs withdrew the case and refiled in Teton County.
The state’s motion argues that plaintiffs sought to move the case in search of a judge more likely to rule in their favor. Judge Melissa Owens, who is presiding over the case in Teton County, has previously issued temporary restraining orders in similar cases and ruled two abortion bans unconstitutional in November 2024. That ruling is currently on appeal before the Wyoming Supreme Court, with oral arguments scheduled for April 16.
The state claims that Natrona County is the appropriate venue because House Bill 42 directly impacts Wellspring’s operations by requiring licensing as an ambulatory surgical center and restricting who can perform surgical abortions. Additionally, they argue that case law does not support filing lawsuits in different locations based on unfavorable rulings elsewhere.
Plaintiffs, however, view the matter as urgent, as both House Bill 42 and House Bill 64 went into effect immediately. They requested an emergency hearing, set for Wednesday at 2 p.m. in Teton County, and asked Judge Owens to issue a temporary restraining order to halt enforcement of the laws while the case proceeds.
Dr. Giovannina Anthony, one of the plaintiffs, pushed back against the state’s argument that only Wellspring is directly affected. She stated that House Bill 42 prevents her from referring patients for procedural abortions, impacting her ability to provide essential health care.
As of Monday, Judge Owens had not yet ruled on whether to move the case back to Casper.
