The Wyoming Supreme Court issued a major decision Thursday May 14, 2026, in the lawsuit over Wyoming’s school choice program, reversing the lower court’s injunction that had temporarily blocked the Steamboat Legacy Scholarship Act from moving forward. At the center of the case was whether Wyoming could begin distributing Education Savings Account (ESA) funds to families while the broader constitutional challenge continues in court.
In a 14-page opinion, the Court ruled the district court abused its discretion when it halted the program before the case was fully litigated. The Act, passed during the 2025 legislative session, allows eligible Wyoming students to receive up to $7,000 annually through ESA accounts for educational expenses including private school tuition, tutoring, online learning, curriculum, therapies, testing fees, and other approved services. The program was funded through a $30 million general fund appropriation.
The lawsuit was brought by the Wyoming Education Association along with several parents, arguing the program violates multiple provisions of the Wyoming Constitution, including the state’s constitutional duty to provide public education and prohibitions on public funding flowing to private institutions.
Earlier, Laramie County District Judge Peter Froelicher sided with the plaintiffs and issued a preliminary injunction stopping the state from distributing ESA funds while the case proceeded. The district court concluded the plaintiffs were likely to succeed on the merits and that allowing the program to begin could create irreparable harm. But the Wyoming Supreme Court disagreed.
Chief Justice Kate Boomgaarden, writing for the Court, emphasized that a preliminary injunction is considered an “extraordinary remedy” that requires a clear showing of both probable success on the merits and possible irreparable injury. The Court found the plaintiffs failed to demonstrate a personal and particularized injury that justified blocking the law before trial.
One of the Court’s most significant findings centered on the fact that the parents involved in the lawsuit admitted they had no intention of using the ESA program themselves. The opinion noted the plaintiffs voluntarily keep their children in public schools and oppose participation in the program, making claims of direct injury speculative.
The Court also rejected the argument that simply funding educational options outside the public school system automatically violates Wyoming’s constitutional obligations toward public education. The justices pointed out that the ESA funds come from the state’s general fund, not from Wyoming’s constitutionally scrutinized public school funding model. The opinion stated there were no allegations showing the ESA program reduced or compromised constitutionally required public school funding.
Importantly, however, the Court did not rule the program constitutional. Instead, the justices made it clear that this decision only addressed whether the injunction should remain in place while the case proceeds. The broader constitutional questions surrounding school choice, ESA funding, and Article 7 education obligations are still unresolved and will continue through litigation.
The Court also signaled skepticism toward portions of the lower court’s constitutional analysis. The opinion questioned whether the ESA program should automatically be treated as part of Wyoming’s public school finance system subject to strict scrutiny. It also raised concerns about the district court’s interpretation of Article 3, Section 36 of the Wyoming Constitution, which prohibits appropriations to entities not under absolute state control. The Supreme Court noted the funds are appropriated to an account controlled by the Superintendent of Public Instruction, suggesting the district court may have gone beyond the Constitution’s plain language.
For now, the ruling clears the way for the state to move forward with implementation of the Steamboat Legacy Scholarship program unless further legal action intervenes. The underlying constitutional battle, however, is far from over. As Wyoming continues wrestling with questions surrounding parental choice, public education obligations, constitutional funding requirements, and the role of state government in education, this case is shaping up to become one of the most consequential education lawsuits Wyoming has seen since the Campbell school finance decisions.