In Planned Parenthood Association of Utah v. State of Utah, (UT Sup. Ct., Aug. 1, 2024), the Utah Supreme Court, in a 4-1 decision, affirmed a trial court's entry of a preliminary injunction against enforcement of SB174, a trigger law that prohibits all abortions except for death or substantial bodily harm of the mother, lethal defect or brain abnormality of the fetus, or the mother was pregnant as a result of rape or incest. The state Supreme Court said in part:
In re J.P. discussed, among other [state constitutional] rights, the right to marry the person of one’s choosing and the right to establish a home.... The commonality these rights share is not a child, but the right to make certain intimate decisions about one’s life free from government intrusion. At this point in the litigation, we cannot say whether a restriction on the ability to choose to have an abortion infringes the rights we recognized in In re J.P., but there are serious questions regarding the scope of those rights that merit further litigation....
PPAU has standing to press its claims and the claims of its patients.
The district court did not err when it concluded that PPAU had raised serious issues about the constitutionality of SB 174. The court did not abuse its discretion when it concluded that PPAU and its patients would be irreparably harmed without the injunction. Likewise, the court did not abuse its discretion when it concluded that the balance of harms tipped in favor of enjoining SB 174 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.
Chief Justice Durrant filed a dissenting opinion, contended that Planned Parenthood lacked standing to bring the lawsuit.
Utah News Dispatch reports on the decision.
