Judiciary

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By Leo Wolfson, Cowboy State Daily

The leak of a U.S. Supreme Court draft decision on abortion will probably have little benefit and may even backfire on those responsible, according to several Wyoming attorneys.

The draft decision leaked last week to Politico seemed to show that a majority of Supreme Court justices support the reversal of the landmark abortion ruling “Roe v. Wade,” which recognized abortion as a constitutionally guaranteed right.

Former Wyoming Supreme Court Justice Bill Hill, who spent 20 years on the court, said the early release of the draft opinion may have the opposite effect of what the person who released the ruling may have intended.

“I think it could very easily backfire on the on those who wanted it released, surreptitiously,” he told Cowboy State Daily.

Lander attorney Christine Lichtenfels said she does not believe the leak benefited pro-choice advocates because they had been expecting the court to eventually overturn the 1973 ruling.

“What’s really going to matter is in June when the decision comes out,” she said.

The leak of the draft ruling, believed to be the first in the U.S. Supreme Court’s history, was harshly criticized by Hill, who spent several years as the Wyoming high court’s chief justice.

“It’s despicable, deplorable and criminal,” he said.

Hill said he sees the leak as a criminal theft of confidential U.S. government property and said the party found responsible will be in “deep trouble.” 

He said during his time on the Wyoming Supreme Court, such drafts were frequently circulated among the justices and their clerks.

“It gives each justice a chance to comment on the final order,” he said. “You’re depending on the good faith of your colleagues and the employees of your colleagues on the court to look out for the court.”

Hill said he had no recollection of any court documents being released preemptively during his 20 years as a justice.

The leak spurred protests over the weekend by demonstrators on either side of the issue, some of whom gathered at the homes of U.S. Supreme Court justices and outside of churches.

The draft opinion, which is expected to become official later this year, showed the majority of justices favor overturning Roe v. Wade. If the ruling remains unchanged prior to its final release, it will return authority over abortions to the states.

U.S. Supreme Court Chief Justice John Roberts, who called the leak “appalling,” has demanded an investigation into the source of the leak.

U.S. Sen. Cynthia Lummis, an attorney who previously served in the state Legislature and as state Treasurer, also criticized the leak.

“Whoever leaked the draft opinion to the media has done the Supreme Court a great disservice,” she said. “They undermined decades of precedent and attempted to fundamentally alter the way our highest Court operates.”

Lichtenfels runs Chelsea’s Fund, an organization that provides money for women leaving the state to obtain abortions.

She said she was more concerned with the content of the draft and the tone and language used by Justice Samuel Alito on behalf of the conservative majority of the court than with its leak.

“He showed an unbelievable disdain he showed for previous Supreme Court decisions and justices,” she said.

A number of theories have been offered for the document’s leak involving both pro-choice and pro-life forces, but Hill said he has no guesses as to the leaker’s motivation.

The release of the draft hasn’t slowed the plans of Wellspring Health Access and its owner Julie Burkhart from planning to open a new abortion clinic in Casper, the state’s second, this summer.

Tim Lasseter, a member of Park County Right to Life, said his organization and Wyoming Right to Life plan to protest outside the facility on its opening day.

Wyoming is one of many states to have adopted a “trigger” law that would ban abortions within five days of an official reversal of Roe v. Wade.

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By Jim Angell and Ellen Fike, Cowboy State Daily

A federal judge has ruled that the state cannot force a Second Amendment advocacy group to share the names of its donors.

Judge Scott Skavdahl ruled Monday in favor of the group Wyoming Gun Owners, finding that the Wyoming law requiring the the group to share a list of people who helped pay for a campaign ad is unconstitutional.

“This case demonstrates the delicate balance of the First Amendment right to engage in political speech verses the need to provide for an informed electorate during elections by requiring disclosure of those who are funding media and promoting certain candidates throughout election season,” Skavdahl wrote.

“However, while this is of critical importance, the state can only impose these disclosure and disclaimer requirements where it satisfies exacting scrutiny,” he wrote.

The lawsuit stems from a radio ad paid for by WyGO in 2020 comparing state Senate candidates Anthony Bouchard and Erin Johnson. The ad portrayed Bouchard as a Second Amendment champion and Johnson as a “self-described, country-club, chamber of commerce moderate.”

The Wyoming secretary of state’s office, acting on a complaint, said WyGO was required to file campaign finance reports, including a list of contributions and expenditures, because it had spent more than $500 on “political activity.”

The state cited a law which requires groups involved in such activity to list all contributions of more than $100 used for political activity.

But Skavdahl said it would be impossible for the organization to determine which contributions would be used specifically for political advertising and which would be used to pay for other activities, such as the group’s newsletters.

“WyGO does not only fund electioneering communications or focus on election issues, but rather offers several media formats to keep subscribers informed on Second Amendment rights,” the ruling said.

Skavdahl also said the statute is also unconstitutional because it calls for the reporting of expenditures which “relate to” campaign communications, a term he said was unconstitutionally vague.

As a result, the law is unconstitutional as it was applied to WyGO, Skavdahl wrote.

Bouchard said he tried to warn fellow legislators the language in the law was an unconstitutional obstacle to the First Amendment.

“During this year’s session, another bill to expand the same section of law was passed and signed by the Governor,” he told Cowboy State Daily. “Both times I argued against the legislation and tried to amend it. It fell on deaf ears. It makes the judge’s order ever so sweet. 

“Yes, free speech matters,” he continued. “I told you so.”

Secretary of State Ed Buchanan said his office would review the ruling and added he was glad the court had decided the issue.

“When there is disagreement about the meaning of a particular statutory provision, the appropriate place to seek clarification is with the judicial branch,” he said. “I am grateful that is what occurred in this case.

“I would like to thank the court for its well-reasoned decision,” he continued.

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