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Is The Legislature’s Threat Against Utah Abortion Providers Viable?*
Utah’s post-Dobbs abortion trigger law cannot be administered or enforced due to a Preliminary Injunction entered by Third District Court Judge Andrew Stone on July 19, 2022. Judge Stone found “serious issues on the merits” under plaintiffs’ challenge to the law, specifically:
“to (1) a right to equal protection under Utah’s Equal Rights Amendment (article IV, section 1 of the Utah Constitution); (2) a right to uniform operation of laws under article I, sections 2 and 24 of the Utah Constitution; (3) a right to bodily integrity under article I, sections 1, 7, and 11 of the Utah Constitution . . .; (4) a right to determine one’s own family composition under article I, sections 2, 25, and 27 of the Utah Constitution . . .; (5) a right of conscience under article I, section 4 of the Utah Constitution . . .; and (6) a right of privacy under article I, sections 1 and 14 of the Utah Constitution.”
Preliminary Injunction at 3. The Preliminary Injunction provides at page 4:
“The Court hereby ENJOINS AND RESTRAINS Defendants and their officers, employees, servants, agents, appointees, or successors from administering and enforcing the Act with respect to any abortion provided while this Order is in effect, including any future enforcement actions for conduct that occurred during the…