Lawmakers met privately about shrinking Wyoming Supreme Court following abortion ruling
Jan 08, 2026
Hours after the Wyoming Supreme Court published its long-awaited ruling on two abortion bans — striking them down on account of the state’s constitution — lawmakers held a closed-door meeting Tuesday to discuss next steps. Up for consideration, WyoFile has learned, was a dramatic change to th
e composition of the state’s highest court.
In Cheyenne, the Joint Appropriations Committee was gathered for the week to continue the budget hearings it began in December. It’s the committee’s responsibility to craft a budget bill ahead of next month’s legislative session.
Tuesday afternoon, Rep. Abby Angelos, R-Gillette, requested an executive session — a private meeting that the public cannot watch. Another lawmaker offered an explanation.
“And that executive session is to discuss the possible action … toward the judiciary in the budget,” House Appropriations Chairman John Bear, R-Gillette, said.
Rep. Jeremy Haroldson, R-Wheatland, seconded the motion and a majority of the committee voted “aye.”
“Somebody be ready to throw a bean bag at anybody that comes in the door,” Bear said.
Behind closed doors
The committee then privately discussed but did not take action on a proposal to reduce the Wyoming Supreme Court’s bench from five justices to three, multiple sources with direct knowledge of the meeting told WyoFile.
Sources also told WyoFile the discussion was in direct response to some members’ disapproval of the high court’s ruling that Wyoming’s two abortion bans are unconstitutional.
One of the bans was a first in the nation. Sponsored by Senate Appropriations Chairman Tim Salazar, R-Riverton, the 2023 law prohibited the use of pills for abortion. The second ban, sponsored by Rep. Rachel Rodriguez-Williams, a Cody Republican who now leads the Wyoming Freedom Caucus, prohibited abortion but included an exception for pregnancies that were the result of incest or sexual assault.
Sen. Tim Salazar, R-Riverton, speaks with Sen. Darin Smith, R-Cheyenne, during the Wyoming Legislature’s 2025 general session. (Mike Vanata/WyoFile)
The state’s high court ruled 4-1 that the two laws conflict with the Wyoming Constitution, which protects individuals’ rights to make their own health care decisions.
Many of the committee’s members, including Angelos, Bear and Haroldson, are allies and members of the Wyoming Freedom Caucus, a group of conservative Republican lawmakers that won control of the House in 2024. Last year, the caucus sharpened its critiques of the judiciary branch, alleging that the state’s process for selecting judges is shaped by “political insiders” and “left-wing institutional capture.”
Upon Tuesday’s ruling, the caucus quickly took aim at the Wyoming Supreme Court, calling the ruling “a stain on the Wyoming judicial branch” in a statement.
“After decades of liberal leadership in the governor’s office, the State Supreme Court has been filled with jurists who reject basic biology and human dignity,” the statement said.
Lawmakers respond
WyoFile reached out to Angelos, Bear, Haroldson and Salazar about the decision to discuss behind closed doors whether to reduce the number of the state’s supreme court justices. It did not receive a response from Bear, Haroldson or Salazar before publication.
When asked if she expected lawmakers to pursue cutting the high court’s bench and if she planned to support it, Rep. Angelos told WyoFile in an email that she “would never try to guess what 93 lawmakers choose to pursue.”
“They all represent vastly different people across the state and assuming my colleague’s intent would be akin to looking into a crystal ball,” she wrote.
“However, outside of this issue there have been discussion over the last couple of years among several legislators who do not sit on this committee about judicial reform,” Angelos wrote. “This is a broad discussion that we as representatives are hearing frequently from constituents across the state.”
As to why the discussion needed to take place in an executive session, Angelos pointed to state law.
“As stated in Wyoming Open meeting laws, when we as a committee seek legal counsel executive session is permitted,” she wrote in an email.
Lawmakers could, in theory, change the number of justices on the Wyoming Supreme Court. That decision would require approval in both the House and Senate — a tall order, particularly during a budget session when bills must clear an initial two-thirds vote. But among the lawmakers who discussed the idea are some of the more notable members of the Legislature, and the Freedom Caucus controls the lower chamber.
State law currently specifies that “the supreme court of Wyoming shall consist of five (5) justices,” while the Wyoming Constitution requires that the high court “consist of not less than three nor more than five justices as may be determined by the legislature.”
Out of step or on target?
While some lawmakers have suggested the judiciary is out of step with the public, polling suggests otherwise.
In 2024, the University of Wyoming surveyed residents ahead of that year’s general election. Among other things, it found that 41.5% of the state’s adults either strongly approve or approve of the way that Wyoming judges are handling their job. Another 45.1% neither approve nor disapprove, while 13.4% said they disapprove or strongly disapprove.
The Wyoming Legislature, meanwhile, received a lower approval rating and a higher disapproval rating.
More specifically, the survey found that 34.1% of the state’s adults either approve or strongly approve of the Wyoming Legislature’s handling of its job. Another 33.3% neither approve nor disapprove, while 32.7% said they disapprove or strongly disapprove.
The same survey found a wide range of views on abortion restrictions among Wyomingites. About 31% approved of the kind of ban struck down by the high court, with another 10.5% supporting a total ban. Nearly 39% supported a woman always having the right to an abortion, with the remainder supporting abortion “after the need … has been clearly established.”
A spokesperson for the judiciary branch declined to comment.
The 2026 budget session begins Feb. 9 in Cheyenne.
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