Teton County judge legislating from bench
If one is seeking a perfect example of a judge attempting to legislate from the bench, look no further than the November decision by Teton County Judge Melissa Owens.
In last month’s ruling, Owens imposed a permanent injunction on Wyoming’s “Life is a Human Right Act” after deciding the Wyoming law violates a state constitutional amendment protecting the rights of adults to make their own health care decisions.
The United States Constitution separates government into three branches.
The legislative branch is tasked with making laws. The judicial branch is charged with interpreting the laws as they were intended and the executive branch has the duty of enforcing those laws.
It appears Owens usurped the duties of the legislative branch.
Judges at all levels are to be apolitical so their politics don’t impact their decisions. We aren’t privy to Owens’ reasoning, but her decision reeks of politics.
Gov. Mark Gordon has already signaled he is preparing to appeal the ruling to the Wyoming Supreme Court.
Gordon said in a statement, “I remain committed to defending the constitutionality of the law and the sanctity of life.”
The Dobbs decision by the United States Supreme Court overturning Roe v. Wade handed the abortion issue back to the individual states to figure it out for ourselves.
Wyoming’s legislators, who were elected by the state’s voters, passed legislation restricting abortion.
Other states passed legislation or ballot initiatives to protect abortion. A recent example is Montana. Last month, voters in that state passed a ballot initiative enshrining abortion rights in their state’s constitution.
If abortion rights activists in Wyoming seek less restrictive laws, they can attempt to replace the current legislators with others who will reverse the current laws. Or they could organize a ballot initiative to let Wyomingites decide the issue at the ballot box.
It doesn’t matter if one is pro-choice or pro-life, everyone should be deeply concerned by one person making a decision that impacts everyone in the state.
President Abraham Lincoln said the United States has government “of the people, by the people and for the people.”
Owens made it government “of Judge Melissa Owens, by Judge Melissa Owens and for abortion rights.”
Whether you support Owens’ decision or not, you should be upset and appalled that one person’s voice can make decisions all Wyoming residents must abide by until the other side of the issue finds a judge amenable to their views and will reverse the decision in their favor.
The Wyoming Supreme Court will determine if Owens is legislating from the bench or if the Wyoming legislature did in fact violate our state’s constitution. We believe we can trust them to do so.