The Utah Supreme Court voted 4-1 last week to continue a preliminary injunction against a law protecting preborn children from abortion. With the ruling, abortions remain legal in the state up to 18 weeks of pregnancy.
The law in question is a “trigger law,” SB174, that had been passed by lawmakers and went into effect upon the overturn of Roe v. Wade in 2022. Almost immediately, it was challenged in a lawsuit by the Planned Parenthood Association of Utah (PPAU) and the American Civil Liberties Union of Utah, and was then blocked by a judge several days later. The law would permit abortions in cases where there is a fatal fetal anomaly or the mother’s life is at risk (though an induced abortion — the direct and intentional killing of the child — is not medically necessary).
In its ruling, the court affirmed that a lower court was right in placing a pause on the law while the lawsuit was being considered.
“The court did not abuse its discretion when it concluded that PPAU and its patients would be irreparably harmed without the injunction,” wrote Associate Chief Justice John A. Pearce. “Likewise, the court did not abuse its discretion when it concluded that the balance of harms tipped in favor of enjoining SB174 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.
“We affirm the district court’s decision to enjoin the enforcement of SB174 while the litigation is pending.”
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In a joint statement, Gov. Spencer Cox and Lt. Gov. Deidre Henderson said they were “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.”
“We are hopeful that this decision will be a temporary setback and the laws will take effect following resolution of the case,” the statement 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.”
While this case reverts back to a lower court, the bill’s sponsor, Sen. Dan McCay, has said he is asking Gov. Cox and legislative leaders to call a special session so that lawmakers can consider a separate bill, which he said would protect preborn children from abortion after six weeks.
“We are still reviewing the opinion and will be having discussions with the attorney general’s office and legislative leadership regarding every possible option to determine the best way to proceed to protect our most vulnerable,” he told The Salt Lake Tribune.
