Abortion ‘trigger’ bill clears Wyoming Legislature

By Maya Shimizu Harris, Casper Star-Tribune Via Wyoming News Exchange
Posted 3/15/22

The Wyoming Legislature passed on Thursday an abortion ban trigger bill, joining 12 other statehouses across the country that have put in place similar legislation. The measure still requires the …

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Abortion ‘trigger’ bill clears Wyoming Legislature

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The Wyoming Legislature passed on Thursday an abortion ban trigger bill, joining 12 other statehouses across the country that have put in place similar legislation. The measure still requires the signature of Gov. Mark Gordon.

House Bill 92 easily cleared the Senate on a 24-5 vote, though the Wyoming Legislature’s website did not list how the senators voted. The final version passed the house on a 45-14 vote, with all of Park County’s representatives supporting it.

The bill will be enacted if the Supreme Court overturns its decision on Roe v. Wade. That possibility has become more likely as the high court has moved to the right.

The new legislation, if ever enacted, would severely restrict abortions, providing exceptions only when carrying a child to term would pose severe health risks for the mother or if the pregnancy is the result of rape or incest.

Previously, the bill did not allow exceptions for circumstances involving rape or incest. An amendment by Sen. Cale Case, R-Lander, providing for these exceptions passed by a close vote Wednesday. A nearly identical amendment proposed by Rep. Mike Yin, D-Jackson, had previously failed in the House.

Even if the Supreme Court changes its decision, a new ruling on Roe v. Wade may not be cut and dry. Several legislators pointed out this potential ambiguity as a concern.

“The vagueness will kill us because, Mr. President, we don’t know what the Supreme Court decision will say,” Case said.

A statement from the ACLU also said that “House Bill 92 provides no definition of what the Legislature considers a “final decision of the Supreme Court.”

“Regardless of how the Court rules in any of the currently pending abortion cases, it is without doubt that the fundamental rights at issue in Roe as they relate to abortion will not cease to be litigated on federal and state levels,” the statement said.

Case has also argued against the bill on the grounds that it would involve the state in individuals’ private medical decisions.

“Make no mistake, this bill tells women what they have to do with their bodies, it’s a form of bondage, Mr. President, to have the state be in control of these very intimate, personal, private decisions,” he told his colleagues. “And all we’re saying is that the Supreme Court is going to magically take over and be the basis for Wyoming law.”

The bill states that an abortion ban will be enacted “five days after the date that the governor certifies to the secretary of state that the Supreme Court of the United States has overruled Roe v. Wade” in a manner that would authorize the bill’s abortion ban.

The ACLU raised concerns about the ambiguity of putting in place such legislation when a Supreme Court decision may be unclear and said it “improperly delegates legislative power to the executive branch.”

“In assigning the executive branch the responsibility of enacting law based upon future hypothetical case outcomes, House Bill 92 is creating a codified, inflexible mandate that lacks clarity,” said ACLU of Wyoming campaigns director Libby Skarin.

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