Utah Supreme Court cancels arguments in lawsuit challenging the state's near-total ban on abortion
In an order obtained by FOX 13 News on Monday, Associate Chief Justice John Pearce gave lawyers for Planned Parenthood Association of Utah and the Utah Attorney General's Office notice that the justices were delaying things. The state's top court originally agreed to hear an appeal, challenging a lower court judge's ruling granting an injunction keeping Utah's near-total abortion ban from being enforced.
When the U.S. Supreme Court overturned Roe v. Wade, Utah's"trigger law" that bans abortion — except in cases of rape, incest or the health of the mother — went into effect. Planned Parenthood sued and 3rd District Court Judge Andrew Stone granted a preliminary injunction, blocking the law from going into effect. The state appealed Judge Stone's decision to the Utah Supreme Court, which kept the injunction in place and scheduled arguments for next month in the case.
That changed when the Utah State Legislature this year passed HJR2, which removed the"novel issues" aspect of an injunction and allowed it to be retroactive. Now, the only standard in Utah to get a preliminary injunction is if a party to the lawsuit is likely to"prevail on the merits." But it's enough for the Utah Supreme Court to postpone oral arguments while they wrestle with the impact of HJR2. Justice Pearce called for additional briefing from Planned Parenthood and the Utah Attorney General's Office."The goalposts have changed. Because the legislature took a wider possibility of granting an injunction and narrowed it and said now it’s going to be harder to get a preliminary injunction," she said.
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