The Chelea’s Fund along with some health care providers in Jackson, WY challenged the abortion ban trigger law that would have gone into effect today 7/27/2022, except the Judge has now blocked the law for at least 14 days.
Special Assistant Attorney General Jay Jerde said an injunction is not needed, because health care providers can just take it to court if they are arrested for abortion services. (Yeah, brilliant idea. )
From the Wyoming Star-Tribune article
But John Robinson, an attorney representing the plaintiffs, said asking physicians to withstand criminal prosecution for performing an abortion isn’t the best way to decide whether the law is constitutional or not. Criminal cases can also take years to be resolved.
“That's an adequate remedy of law for these physicians?” Robinson said. “Don't worry about it, licensing authorities won't do anything about it until your jury trial’s over. You might go to prison. Talk to your criminal defense lawyer — after they've been arrested and jailed, and they're facing a judge or a jury — that's not irreparable harm?”
Ironically, it was the fear of government overreach of Obamacare that caused the legislators to put an amendment on our ballot in 2012 that passed with > 72% of the ballots cast. Here is the amendment:
Wyoming Constitution Article 1 Section 38
Sec. 38. Right of health care access.
(a) Each competent adult shall have the right to make his or her own health care decisions. The parent, guardian or legal representative of any other natural person shall have the right to make health care decisions for that person.
(b) Any person may pay, and a health care provider may accept, direct payment for health care without imposition of penalties or fines for doing so.
(c) The legislature may determine reasonable and necessary restrictions on the rights granted under this section to protect the health and general welfare of the people or to accomplish the other purposes set forth in the Wyoming Constitution.
(d) The state of Wyoming shall act to preserve these rights from undue governmental infringement
There are a lot of contradictions here. It seems like the state is not protecting us from undue governmental infringement, but the GOP will make the argument that Sec 38 (c ) allows them to do so. We’ll see how this pans out, but at least for now, there is some reprieve.
If you want to support Chelsea’s Fund’s effort to stop this heinous law, here is their website: www.chelseasfund.org .
From their website: Chelsea’s Fund provides information about abortion providers relevant to Wyoming residents. We also offer financial assistance to those who would otherwise not be able to afford an abortion. Reproductive justice demands that reproductive health care and the right to self-determination be available to all, not just those with financial resources.