Lawmakers Discuss Downsizing State’s Highest Court After Controversial Ruling

Just hours after the Wyoming Supreme Court struck down two abortion bans, some lawmakers were already meeting behind closed doors to talk about the court itself.

As first reported by WyoFile’s Maggie Mullen, members of the Joint Appropriations Committee held a private executive session Tuesday afternoon while gathered in Cheyenne for budget hearings. According to multiple sources, lawmakers discussed the idea of shrinking the Wyoming Supreme Court from five justices to three. No action was taken.

The timing stood out. Earlier that same day, the court ruled 4–1 that Wyoming’s abortion bans violated the state constitution. The decision kept abortion legal in Wyoming and blocked laws backed by several conservative lawmakers.

The committee was meeting to work on the state budget ahead of the 2026 legislative session. During the meeting, Rep. Abby Angelos, R-Gillette, asked for an executive session, which allows lawmakers to talk privately. House Appropriations Chairman John Bear, R-Gillette, said the discussion would involve possible action related to the judiciary.

Once the doors were closed, sources reportedly told WyoFile the conversation focused on frustration with the Supreme Court’s abortion ruling.

Many of the lawmakers involved are members or allies of the Wyoming Freedom Caucus, a conservative group that gained control of the House in 2024. The caucus has been openly critical of Wyoming courts in recent years. After Tuesday’s ruling, the group called the decision “a stain on the Wyoming judicial branch.”

Can lawmakers change the court?

Under Wyoming law, lawmakers are allowed to change the number of justices on the Supreme Court, as long as there are between three and five. Right now, state law sets the number at five.

But making that change would not be easy. Any proposal would have to pass both the House and the Senate. Because the Legislature will meet in a budget session next year, any bill would need a two-thirds vote to move forward. While the Freedom Caucus controls the House, it does not control the Senate.

Some lawmakers say the courts are out of touch with the public, but polling suggests that’s not clear-cut.

A 2024 University of Wyoming survey found that about 42% of adults approve of how Wyoming judges are doing their jobs, while only 13% disapprove. Lawmakers scored worse, with higher disapproval ratings.

The same survey showed Wyoming residents are divided on abortion. About 31% supported abortion bans like the ones struck down, while "nearly 39% supported abortion rights in all cases.

Nothing changed after the closed-door meeting. But the discussion itself has raised concerns about how lawmakers respond when courts overturn laws they support. The Legislature returns to Cheyenne on Feb. 9 for the 2026 budget session.