Utah court blocks near-total pending abortion ban
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An abortion rights rally in 2022 at the Utah State Capitol. Photo: George Frey/Getty Images
Utah's near-total abortion ban will remain on hold, with the state supreme court ruling 4-1 Thursday to uphold an injunction that has kept the law from taking effect for more than two years.
Why it matters: The ruling gives some insight to how the court could weigh the arguments the ACLU of Utah and Planned Parenthood of Utah (PPAU) make in their pending 2022 lawsuit claiming the ban violates the state constitution.
- Although Thursday's decision does not "decide the merits of PPAU's claims," it does undercut several of the counter-arguments the state is likely to make in defense of the ban's constitutionality.
Catch up quick: State Judge Andrew Stone in 2022 blocked Utah's pre-written abortion ban days after it was triggered by the U.S. Supreme Court's Dobbs decision overturning Roe. v. Wade.
- Stone ruled that the implications for patients' rights were too serious for the ban to take effect while the lawsuit remains unresolved.
Between the lines: While the decision to keep the injunction does not decide the lawsuit itself, it bodes well for the ACLU and Planned Parenthood, who had to show that:
- The ban would irreparably harm people;
- The harm outweighs the state's goal to preserve fetal life; and
- Blocking the ban would not go against the public interest.
State of play: For now, abortion will remain legal for up to 18 weeks of pregnancy.
What they're saying: "Planned Parenthood Association of Utah looks forward to this unconstitutional law being permanently struck down so that we can continue to provide quality, affordable health care to Utahns, free from political interference," PPAU president Kathryn Boyd said in a prepared statement.
The bottom line: The state could still win the case and implement the abortion ban.
- But it will be harder now that the court has shown it agrees with the plaintiffs on some of the arguments at play.
Editor's note: This story has been updated with comments from PPAU.