Wyoming Supreme Court says no to answering questions tied to abortion ban lawsuit

In a brief note, the court said it would not be answering a dozen questions related to the case at this time.

“This court does not believe it can answer all twelve certified questions on the limited factual record provided,” the order, signed by Chief Justice Kate M. Fox, states.

The state, which is defending Wyoming’s trigger abortion ban, sought to have certain questions pertaining to the constitutionality of the ban answered by the high court now, before the case is decided by a Teton County judge. Specifically, lawyers for the state wanted the Wyoming Supreme Court to answer whether or not the ban violates the state constitution, is unconstitutionally vague and violates citizens’ right to privacy.

Tuesday’s ruling doesn’t end the proceedings. Instead, they will continue in Teton County for now. But both sides, and Teton County District Judge Melissa Owens, have said they expect that whatever happens at the lower court level, the matter will ultimately be appealed to the state Supreme Court.

Early this year, the Wyoming Legislature passed a so-called trigger law intended to ban abortion in most circumstances should the U.S. Supreme Court overturn Roe v. Wade. In June, the nation’s highest court did exactly that.

The following month, Gov. Mark Gordon certified the trigger law. Wyoming abortion providers and several state residents opposed to the ban filed suit, arguing it violated Wyomingites’ right to make their own decisions about health care, which is enshrined in the state constitution.

On the same day the law went into effect, Owens temporarily blocked enforcement of the ban to give the court time to consider the case. She subsequently agreed to extend that block.