Utah Supreme Court blocks abortion ban
The Supreme Court of Utah has ruled that abortion will remain legal in the state, blocking a near-total ban. The court rejected the state’s request to overturn a preliminary injunction that would block a “trigger law” saying that the lower court acted within its authority when it blocked the ban in June 2022.
This means that abortion will remain legal in the ‘Beehive State’ for up to 18 weeks of pregnancy, though litigation will continue.
“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,” said Kathryn Boyd, president and CEO of Planned Parenthood Association of Utah, which challenged the law in court. “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,” Boyd said.
Passed by the Utah legislature in 2020, SB174 had sought to ban abortion at any stage of pregnancy with exceptions for rape, incest, or health issues. It took effect in 2022 after the American Supreme Court decision in Dobbs v Jackson Women’s Health Organization, determining that the constitution did not guarantee the right to an abortion. In doing so, it overturned Roe v Wade.
Democrats celebrated the Utah Supreme Court ruling as a victory for reproductive rights while the state’s Republican governor and legislative leaders expressed their disappointment in the ruling.
“We are hopeful that this decision will be a temporary setback and the laws will take effect following resolution of the case,” Gov. Spencer Cox said. “We are grateful for the state’s current restriction on abortions after 18 weeks. Regardless of this outcome, our administration will continue to fight for all Utahns, including the unborn.”
Senate President Stuart Adams, along with House Speaker Mike Schultz, both with the Republican party, accused the Utah Supreme Court of “undermining the constitutional authority of the Legislature to enact laws as elected representatives of the people of Utah.”
