The Utah Supreme Court on Thursday upheld a block on the state’s near-total abortion ban, keeping in place a law that allows abortions up to 18 weeks into pregnancy while litigation continues.
The 4-1 decision by the majority-female Supreme Court is a blow to anti-abortion Republicans in the state Legislature, but it is not the final word on abortion access in Utah. It only affects the district court ruling that previously blocked the law.
Litigation over the constitutionality of the law will continue in the first instance and the state could still win the case.
Utah’s ban was passed in 2020 as a “trigger law” that would go into effect once the Supreme Court overturned Roe v. Wade. Wade in 2022. The law would ban all abortions except in cases of rape, incest or serious risk to the mother. health, or if two maternal fetal medicine doctors discovered that the fetus had a lethal defect or a serious brain abnormality.
The law says anyone who performs an unauthorized abortion can be charged with a crime, which carries the risk of monetary fines and up to 15 years in prison.
The American Civil Liberties Union of Utah and the Planned Parenthood Association of Utah (PPAU) said the law was unconstitutional and sued, and the district court temporarily blocked the law before it took effect.
The state challenged the bloc and argued that PPAU did not have standing to challenge the constitutionality of a law on behalf of its patients.
In Thursday’s ruling, the majority made clear that it was not ruling on the merits of Planned Parenthood’s claims, only whether the trial court was correct in issuing the injunction.
“The district court did not abuse its discretion,” Associate Chief Judge John Pearce wrote for the majority. All of the court’s judges were Republican appointees.
PPAU has standing to sue and “raises serious questions regarding[the trigger law’s] constitutionality,” the judges wrote. “We affirm the district court and allow the injunction to remain in effect while PPAU litigates its claims.”
In a statement, PPAU celebrated the decision, but warned that there was more to come.
“Today’s decision means 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 victory, we know the fight is not over,” Kathryn Boyd, president and CEO of Planned Parenthood Association of Utah, said in the statement.
Boyd added that the group “hopes this unconstitutional law is permanently struck down so that we can continue to provide quality, affordable health care to Utahns free from political interference.”
Abortion opponents said they were deeply disappointed with the ruling but had hoped for a different outcome on the merits of the case.
“Today’s decision is a grim reminder that our society has strayed far from the moral compass that once guided us,” said Mary Taylor, president of Pro-Life Utah, in a joint statement with the Utah Eagle Forum and Abortion-Free Utah Coalition.
“We hope that life wins on merit in this case. This law is the will of the people and it is clear that unborn children deserve protection,” said Katie Daniel, state policy director at Susan B. Anthony Pro-Life America. “Utah is a pro-life state that values babies in the womb and their mothers.”
This story originally appeared on thehill.com read the full story
