Utah cannot enforce its near-total ban on abortion while a challenge to the law proceeds in the courts, the State Supreme Court ruled on Thursday.
The Utah Supreme Court upheld on Thursday a suspension of the state’s near-total ban on abortion, meaning the procedure remains legal while a court challenge to the law proceeds.
When the U.S. Supreme Court ruled to overturn Roe v. Wade, it cleared the way for two Utah laws to come into force: a ban on most abortions after the 18th week of pregnancy, which was passed in 2019 and is currently in effect, and a near-total abortion ban passed in 2020 that would prohibit the procedure at any time during pregnancy, with very limited exceptions, including for cases of rape or incest or to save the life of the mother.
The near-total abortion ban took effect in 2022, but the Planned Parenthood Association of Utah almost immediately filed a lawsuit in the state seeking to block the ban. The organization argued that the ban violated several provisions in the State Constitution, including those that guarantee a right to determine family composition and a right to gender equality.
A trial court issued a preliminary injunction in July 2022 blocking the state from enforcing the near-total ban while the case proceeded. Utah state officials appealed, but the State Supreme Court ruled against them on Thursday and left the injunction in place.
Camila Vega, a staff attorney for Planned Parenthood Federation of America and one of the litigators on the case, said after the state’s appeal was filed last August that the organization would “once again make the case that the trigger ban violates the Utah constitution, which protects pregnant Utahns’ ability to make their own medical decisions and their right to determine when and whether to have a family.”
In court filings, the state argued that the Utah constitution does not protect a right to abortion, and that the injunction imposed “severe irreparable harm on the State side of the balance, given the profound state and public interest at stake — the preservation of human life, both the mother’s and the unborn child’s.”
The state challenged Planned Parenthood Association of Utah’s standing to file the lawsuit, and argued that the trial court had abused its discretion and erred in issuing the injunction. The State Supreme Court rejected those arguments on Thursday.
Whether abortion up to 18 weeks will remain permanently legal in the state of Utah depends on the outcome of Planned Parenthood Association of Utah’s lawsuit challenging the constitutionality of the near-total ban. The ruling on Thursday did not decide that question; rather, it said that the lower courts were right to let the case proceed and to keep the state from enforcing the ban in the meantime.
Source: Elections - nytimes.com
