Over a year out from the U.S. Supreme Court’s decision to hand states the ability to determine abortion policy, Utah’s highest court will hear arguments Tuesday as to whether that choice should remain available in the Beehive State.
Since its abortion restrictions were put on hold, the Legislature made other efforts to circumvent the court’s pause with a law banning abortion clinics and further limiting when pregnant people can access abortions. Planned Parenthood asked the same judge to temporarily stop the law — Rep. Karianne Lisonbee’s, R-Clearfield, House Bill 467 — as part of its ongoing lawsuit, and he granted the request in May.
On the Sunday prior to the hearing, about a hundred people gathered on the steps of the Capitol for a “prayer rally” to “end elective abortion in Utah.” Standing in the evening sun, with a 10-gallon water jug and a stack of plastic cups to keep them hydrated, the group sang over a dozen Christian songs — and a couple of Latter-day Saint hymns.
“Should the trigger ban be allowed to take effect while our case is still working through the courts?” said Planned Parenthood Association of Utah CEO Kathryn Boyd during a news call Thursday. “This will cut off abortion care, and we know what will happen.
In 3rd District Court Judge Andrew Stone’s order granting Planned Parenthood’s motion for a preliminary injunction, he wrote that attorneys for the organization “demonstrated that there are at least serious issues on the merits that should be the subject of further litigation.” In its supplementary briefs to the supreme court prior to Tuesday’s hearing, attorneys for Planned Parenthood argued that even under the new standards laid out in HJR2, the trigger ban should remain blocked. It said it is likely to prevail on the merits, but if the state did appeal the injunction again under HJR2, it would also challenge the resolution as “unlawful.”
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