Wyoming’s abortion decision likely coming by year’s end, chief justice says

Don’t expect a quick answer on Wyoming’s abortion rights case. Chief Justice Lynne Boomgaarden says the state Supreme Court is working through its ruling and, if she had to guess, it’ll land “probably by the end of the year.” No promises, no hints — just a realistic timeline for a case that’s been two years in the making.

The justices heard arguments in April. On paper, they aim to draft and circulate an opinion within 90 days, but that clock can be extended while they debate and refine an opinion that wins a majority. Boomgaarden and Justice John Fenn described a methodical process: the five justices hash out views around the conference table, take a straw vote, assign a writer (assignments are randomized, not lobbied for), and trade edits until the analysis is tight. Positions can even flip during drafting; a dissent can morph into the majority if it persuades colleagues. And no, they’re not timing the opinion to the Legislature or any political calendar.

At stake is whether a 2012 constitutional amendment — framed as protecting individuals’ health-care decisions — is limited by language letting lawmakers act for the public’s “health and general welfare.” After the US Supreme Court overturned Roe v. Wade in June 2022, Wyoming’s “trigger” ban was challenged and blocked; in 2023 lawmakers passed two stricter bans, prompting fresh lawsuits. Abortion has remained legal during the fight. Last November, District Judge Melissa Owens struck down the tougher ban; the state appealed, putting the question squarely before the high court.

For now, the message from the bench is simple: the opinion is coming when it’s ready.

“The court is working very diligently on it right now,” Fenn said.

The original story by Andrew Graham for WyoFile.