Utah Supreme Court Upholds Injunction Blocking Near-Total Abortion Ban
ICARO Media Group
After months of deliberation, the Utah Supreme Court has ruled to maintain an injunction that blocks Utah's near-total abortion ban. The court's 4-1 decision recognizes the Planned Parenthood Association of Utah's standing to challenge the state's "trigger law," which seeks to ban almost all abortions in the state with few exceptions.
Associate Chief Justice John A. Pearce, writing for the majority, stated that the lower court did not abuse its discretion in granting the injunction in 2022. However, the court made it clear that they have not yet determined the merits of Planned Parenthood's claims that the law infringes on constitutionally protected rights in Utah. As a result, the injunction will remain in place while the case proceeds in the lower court.
Currently, abortion remains legal in Utah up to 18 weeks of pregnancy. Kathryn Boyd, president and CEO of Utah Planned Parenthood, expressed relief at the court's ruling, stating, "Today's decision means that our patients can continue to come to us, their trusted healthcare providers, to access abortion and other essential reproductive services right here in Utah." However, she acknowledged that the fight is not over.
The decision was applauded by Utah House Democrats, who believe that it secures the accessibility of essential healthcare services. In a statement, they highlighted the devastating impact witnessed in other states that have implemented aggressive abortion bans and expressed gratitude that Utah is not joining those statistics.
State Senator Dan McCay, the author and sponsor of Utah's near-total abortion ban, is now calling for further legislative action in response to the court's decision. He plans to request a special session between now and the end of the year to examine the state's abortion law. McCay aims to potentially further restrict the current 18-week abortion limit to six weeks, citing similar measures passed in Iowa, South Carolina, Georgia, and Florida as constitutional references.
The legal battle over Utah's abortion regulations follows the U.S. Supreme Court's 2022 Dobbs v. Jackson decision, which overturned Roe v. Wade and delegated the issue to the states. Utah's trigger law was enacted in 2020 to be activated in the event that Roe v. Wade was nullified. The law was challenged by the Planned Parenthood Association of Utah, leading to the current injunction.
Although the court process continues, the Utah Legislature has persistently attempted to limit the procedure. A ban on abortion clinics was passed in 2023 but was also enjoined. Lawmakers reacted by repealing portions of the law, intending to simplify the case for the high court and expedite a ruling on the trigger law.
Majority Whip Karianne Lisonbee, who sponsored the trigger law and the clinic ban, expressed deep disappointment with the outcome. Lisonbee emphasized that Utah values human life and the commitment of legislators to uphold those values in their laws.
The Utah Supreme Court's decision to uphold the injunction provides temporary relief for those seeking abortion services in the state. As legal battles ensue, both sides of the abortion debate continue to advocate for their beliefs while awaiting a final resolution.