Utah Supreme Court Hears Challenge to Abortion 'Trigger Law' Injunction

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The state's top court heard arguments over Utah's anti-abortion trigger law, which bans nearly all abortions.

For more than four hours on Tuesday, the justices grilled attorneys for the state of Utah and Planned Parenthood, which successfully obtained an injunction blocking the law from going into effect. The Utah Attorney General's Office is appealing a lower court's decision granting that injunction.

The justices focused their questions around a series of topics, including whether Planned Parenthood Association of Utah had standing to bring a lawsuit or whether a pregnant woman seeking an abortion needed to sue; a new rule the legislature passed that raises the scrutiny on preliminary injunctions; and whether an equality clause in the Utah Constitution includes the right to abortion.

At another point in the hearing, Justice Diana Hagen raised a series of hypothetical situations around legislation involving C-sections and other medical procedures. Tuesday's hearing will not decide the constitutionality of the trigger law. The hearing is over whether the lower court was correct in issuing the injunction. The state believes the injunction should be overturned; Planned Parenthood argues it should remain in place.

 

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