Utah supreme court upholds temporary block on state abortion ban News
© WikiMedia (Staplegunther)
Utah supreme court upholds temporary block on state abortion ban

The Supreme Court of Utah on Thursday upheld a lower court’s decision to temporarily block a state law that bans nearly all abortions.

In a 4-1 majority opinion written by Associate Chief Justice John A. Pearce, the court found that the Planned Parenthood Association of Utah (PPAU) had standing and that the lower court did not abuse its discretion in any way.

Justice Pearce concluded:

The district court did not err when it concluded that PPAU had raised serious issues about the constitutionality of SB 174. The court did not abuse its discretion when it concluded that PPAU and its patients would be irreparably harmed without the injunction. Likewise, the court did not abuse its discretion when it concluded that the balance of harms tipped in favor of enjoining SB 174 while the parties litigate its constitutionality. Nor did the court act outside the bounds of its discretion when it concluded that the injunction would not be adverse to the public interest.

The State of Utah sought a review of the district court’s 2022 decision to temporarily block SB 174, a state law that only allows for abortion in cases of rape, incest or threat to the life of the pregnant person. The state argued that PPAU, the plaintiff that filed the suit to block the law, did not have standing.

The state also argued that the trial court abused its discretion by granting PPAU’s request for a preliminary injunction and claimed that PPAU failed to establish any of the four elements necessary for a preliminary injunction. One of those elements is demonstrating that “there is a substantial likelihood that [its suit] will prevail on the merits of the underlying claim, or the case presents serious issues on the merits which should be the subject of further litigation.”

In response to Thursday’s ruling, President and CEO of the Planned Parenthood Association of Utah Kathryn Boyd stated:

“Today’s decision means that our patients can continue to come to us, their trusted health care providers, to access abortion and other essential reproductive services right here in Utah. While we celebrate this win, we know the fight is not over. 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.”

Thursday’s ruling from the state’s highest court is the latest development in women’s reproductive rights in Utah. Across the US, women’s health rights have been in a state of uncertainty since 2022, when the US Supreme Court decided in Dobbs v. Jackson Women’s Health Organization to overturn its landmark Roe v. Wade ruling. The Roe decision in 1973 enshrined a right to abortion across the country, striking down many state-level abortion laws at the time. These protections continued for nearly 50 years until the court in Dobbs returned to the states the decision to restrict or protect abortion access.

Abortion rights now vary significantly from state to state. Across the 50 states, abortion ranges from being completely illegal to having expanded protections. The US is noted to be one of only four countries in the world to have rolled back their abortion laws, counter to the global trend of legalizing women’s reproductive rights.

Utah’s other abortion law, which allows for abortions up to 18 weeks into a pregnancy, remains in effect while the legal proceedings play out.