WYOMING NATIONAL ABORT. RIGHTS LEAGUE v. KARPAN

Nos. 94-8, 94-9.

881 P.2d 281 (1994)

WYOMING NATIONAL ABORTION RIGHTS ACTION LEAGUE; Wyoming National Organization for Women; Jane Courage; Dr. Brent A. Blue; Dr. Jacques Roux; Sharon Breitweiser; Rebecca L. Archer; Lori Bowdler; and Rev. Warren Murphy, Appellants (Plaintiffs), v. Kathy KARPAN, Secretary of State, State of Wyoming; Unseen Hands Prayer Circle Political Action Committee; Kathy Helling; Richard R. Larson; and Alan C. Stauffer, Appellees (Defendants). PLANNED PARENTHOOD OF WYOMING; Campbell County Voices for Choice; Carbon County Coalition for Choice; Converse County Coalition for Choice; Fremont County Pro-Choice Network; Teton County Coalition for Choice; and Cindy Chace, Appellants (Plaintiffs), v. Kathy KARPAN, Secretary of State, State of Wyoming, Appellee (Defendant).

Supreme Court of Wyoming.

September 7, 1994.


Attorney(s) appearing for the Case

Kate M. Fox of Burgess, Davis & Cannon, Cheyenne, Kathryn Kolbert and Simon Heller, the Center for Reproductive Law & Policy, New York City, for appellant Wyoming Nat. Abortion Rights Action League.

Robert M. Shively of Murane & Bostwick, Casper, Roger Evans and Carole Chervin, Planned Parenthood Federation of America, New York City, for appellant Planned Parenthood of Wyoming.

Joseph B. Meyer, Atty. Gen., Michael L. Hubbard, and Rowena L. Heckert, Senior Asst. Attys. Gen., for appellee Kathy Karpan, Secretary of State, State of Wyo.

Richard H. Honaker of Honaker, Hampton & Newman, Rock Springs, for appellee Unseen Hands Prayer Circle Political Action Committee, Richard R. Larson, and Alan C. Stauffer.

Richard L. Williams and Barry G. Williams of Williams, Porter, Day & Neville, Casper, for appellee Kathy Helling.

Before GOLDEN, C.J., THOMAS, MACY, and TAYLOR, JJ., and CARDINE, J. (Retired).


THOMAS, Justice.

The major concern in these consolidated cases is whether this court should order that an initiative measure not be placed on the general election ballot because of its potential unconstitutionality, if enacted. Embraced within this question are issues relating to the existence of a justiciable controversy; the unconstitutionality vel non of the proposed initiative measure; the constitutional invalidity of the measure because the title and summary...

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