Abortion Ban Litigation in Wyoming

Fighting to Stop Unconstitutional Restrictions on Our Freedom to Make Personal Decisions About Our Bodies, Futures and Health Care

UPDATE: November 18, 2024 Judge Owens GRANTS our Motion for Summary Judgment, RULES both abortion bans are UNCONSTITUTIONAL, and ENJOINS their enforcement. See her ORDER here.

Background Since the United States Supreme Court overturned Roe v Wade in June of 2022, Chelsea’s Fund has been in litigation to uphold the right to access abortion care in Wyoming. In July of 2022, we filed suit to stop the Wyoming abortion ban from taking effect on July 27th. In response, the District Court granted a preliminary injunction blocking Wyoming’s abortion ban from going into effect until the court could render a decision. In November of 2022, at the State’s request, the District Court referred the case to the Wyoming Supreme Court for decision. In December of 2022, the Wyoming Supreme Court declined to hear the case until further development of the facts.

In March of 2023, the Wyoming legislature passed a new statewide abortion ban that repeals and replaces the ban our existing lawsuit contested. Governor Gordon allowed this new ban, and a second outlawing medication aboriton, to pass into law on March 18th, 2023. This ban again sought to make abortion illegal in Wyoming. In response, we filed a new lawsuit to overturn this ban, as well as a request for a temporary restraining order (TRO) blocking the ban until the court can rule on our case. On March 22nd, 2023, our TRO request was granted, allowing abortion to remain legal in Wyoming until the court renders a contrary decision. In June, 2023, the court also granted a TRO for the medication abortion ban that was set to go into effect on July 1, 2023. Motions for summary judgment were filed by both Plaintiffs and Defendants in fall of 2023, with argument taking place December 14, 2023. Judge Owens entered her order granting Plantiffs’ Motion for Summary Judgment on November 18, 2024. We expect Defendants will appeal to the Wyoming Supreme Court.

Below are the pleadings in both the July 2022 and the March 2023 cases.

November 18, 2024 – Summary Judgment Order granting Plaintiffs’ motion and finding bans unconstitutional.
April 9, 2024 – Wyoming Supreme Court declines request to rule on certified questions.
March 18, 2024 – District Court Judge Owens files Order Certifying Questions to Supreme Court.
February 2, 2024 – Wyoming Supreme Court Opinion affirming denial of motion to intervene in the case by Right to Life Wyoming, Rep. Rodriquez-Williams and Rep. Neiman.
December 7, 2023 – Order Denying State’s motion to exclude our expert testimony
November 3, 2023 – We file responses to the State’s summary judgment pleadings.
- Plaintiffs’ Memo in Opposition to Defendant’s Motion for Summary Judgment
- Plaintiffs’ Opposition to Defendant’s Request for Judicial Notice
- Statement of Disputed Material Facts in Opposition to State’s MSJ
October 30, 2023 – Chelsea’s Fund et al. file Appellee brief in WY Supreme Court opposing intervention.
- Exhibit A – Order Granting Motion for Preliminary Injunction
- Exhibit B – Order on Motion to Intervene
- Exhibit C – Transcript of Hearing on Motion to Intervene
- Request for Judicial Notice
October 16, 2023 – Various Wyoming physicians file Motion for Leave to file Amici Curaie Brief in support of the State Defendants.
October 5, 2023 – Wyoming files its Response to our Motion for Summary Judgment and its Cross-Motion for Summary Judgment, along with the following exhibits and related filings:Amici
- Exhibit A – Original HB 0152
- Exhibit B – Original SF -0109
- Exhibit C – Senate Journal 2011
- Exhibit D – Casper Star Tribune Voter Guide 2012
- Exhibit E – Wyoming Tribune Eagle Voter Guide (redacted)
- Exhibit F – S. 2445 – 1880 US Senate Bill
- Exhibit G – Wyo. Stat. Ann. 6-4-507
- WY Response to Plaintiffs’ Request for Judicial Notice
- WY Request for Judicial Notice
- WY Statement of Disputed Facts
- WY Statement of Undisputed Facts
September 19, 2023 – Written order granting TRO on medication abortion ban.
September 19, 2023 – Chelsea’s Fund and other plaintiffs file our Motion for Summary Judgment and Memo in Support.
September 15, 2023 – Proposed intervenors file appellant brief in WY Supreme Court.
September 5th, 2023 – The State files a Motion to Strike Expert Witnesses and to Exclude Their Testimony in this Case.
August 16th, 2023 – Order on Motion to Compel, largely granting our Motion and requiring the State to answer most of our interrogatories and requests for admission.
August 4, 2023 – Proposed intervenors Right to Life Wyoming, Rep. Rodriguez-Williams and Rep. Neiman file Notice of Appeal of denial of intervention.
August 2nd, 2023 – Chelsea’s Fund and other plaintiffs submit an expert witness designation including reports from following experts:
Dr. Ghazaleh Moayedi (CV)
Prof. Rebecca Peters (CV)
Rabbi Danya Rutenberg (CV)
Michael A. Blonigen (CV)
July 20th, 2023 – Judge Owens denies the Motion to Intervene by Right to Life Wyoming, Representatives Rachel Rodriguez-Williams and Chip Neiman, and Secretary of State Chuck Gray.
June 22nd, 2023 – Judge Owens grants Temporary Restraining Order blocking enforcement of the medication abortion ban from taking effect on July 1st.
June 9th, 2023 – Chelsea’s Fund and other plaintiffs file a reply to the State’s response to the TRO.
May 25th, 2023 – The State of Wyoming files their response to our request for a TRO.
May 10th, 2023 – Chelsea’s Fund and other plaintiffs submit a motion for a temporary restraining order blocking the enforcement of the medication abortion ban slated to take effect on July 1st, 2023. Chelsea’s Fund et al. also submitted a memorandum of support outlining our arguments for not enforcing the pending ban.
March 22nd, 2023 – Judge Owens grants Chelsea’s Fund’s request for a temporary restraining order blocking the enforcement of Wyoming’s new abortion ban until our case can be heard.
March 18th, 2023 – Wyoming Governor Mark Gordon allows a new abortion ban in the state to become law, making abortion immediately illegal in Wyoming. The governor also signed a ban on the use of medication abortion that will take effect on July 1st, 2023.
March 17th, 2023 – In anticipation of a new Wyoming abortion ban that would override our existing lawsuit, Chelsea’s Fund and other plaintiffs file a new complaint contesting the legality of the new ban. We also filed a request for a temporary restraining order blocking the new ban until a court can rule on the merits of our lawsuit.
December 29th, 2022 – Wyoming Right to Life files an appeal of their denied motion to intervene.
December 20th, 2022 – Wyoming Supreme Court declines to hear the case at this time.
November 30th, 2022 – District Court refers the case to the Wyoming Supreme Court.
November 30th, 2022 – District Court denies petition from Wyoming Right to Life to intervene in the case.
August 10th, 2022 – District Court grants preliminary injunction blocking abortion ban until the case can be decided.
July 28th, 2022 – District Court temporarily blocks abortion ban to give court time to consider our lawsuit.
July 25th, 2022 – Chelsea’s Fund and other plaintiffs file suit to prevent Wyoming’s abortion ban from going into effect on July 27th.
June 24th, 2022 – SCOTUS releases Dobb’s decision, overturning Roe v. Wade.

PO Box 1472, Lander, WY 82520 | (307) 438-9272
Chelsea’s Fund is recognized by the IRS as a 501(c)(3) non-profit organization, EIN 83-0322262. Donations are deductible to the extent allowed by law.