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By Mandy Taheri
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Utah's Supreme Court on Thursday upheld a lower court's injunction on the state's near-total abortion ban, keeping Utah's previous abortion law in effect while the case challenging the ban's constitutionality proceeds in the lower court.
In a 4-1 decision in Planned Parenthood Association of Utah v. State of Utah, the state's highest court confirmed that Planned Parenthood Association of Utah (PPAU) had standing to challenge the law, SB 174, which criminalizes nearly all abortions with three exceptions, and the court's injunction should remain in place.
The decision keeps the state's previous law in place, which allows abortion up to 18 weeks of pregnancy, while the case continues in the lower court. It did not rule on the constitutionality of the near-total abortion ban law.
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In 2022, PPAU brought a lawsuit against the state in district court, alleging that the law violates citizens' rights under Utah's constitution. The "trigger" law was originally passed in 2020 but went into effect following the U.S. Supreme Court's reversal of Roe v. Wade in June 2022, part of a wave of restrictive state laws enacted after the decision.
The court blocked the enforcement of the law while the case was pending, which the state appealed, bringing the question of the legality of the preliminary injunction to the state's Supreme Court. On Thursday, Utah's Supreme Court found that the district court "did not abuse its discretion" with the preliminary injunction, maintaining it should remain in place while the case is litigated in a lower court.
Thursday's decision was condemned by Utah's Governor Spencer Cox and Lieutenant Governor Deidre Henderson, who told Newsweek in a joint statement: "We are disappointed by the Supreme Court's ruling that will further delay implementation of laws designed to protect some of the most vulnerable members of our state."
The statement continued, "We are hopeful that this decision will be a temporary setback and the laws will take effect following resolution of the case. 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."
Meanwhile, Kathryn Boyd, PPAU president and chief executive officer, celebrated the court's ruling. She wrote in a statement that "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." PPAU is only one of two abortion providers in the state.
The national Planned Parenthood organization reshared Boyd's comments on X ( formerly Twitter) and echoed her sentiment about the decision, saying: "We love to see it."
In the two years since the U.S. Supreme Court overturned Roe v. Wade, 14 states have implemented near-total abortion bans with limited exceptions. After Iowa enacted a law on Monday banning abortions after six weeks, four states now ban abortions after six weeks of pregnancy.
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