SALT LAKE CITY — A judge has delayed a ruling on whether to block Utah's latest anti-abortion law from going into effect.
Third District Court Judge Andrew Stone told lawyers for Planned Parenthood Association of Utah, the ACLU of Utah and the Utah Attorney General's Office that he would issue a ruling next week.
"It would not be fair at this point to shoot from the hip," he said Friday.
On May 3, a new Utah law kicks in that strips abortion clinics of their licensing. Under the law, abortions can only be performed in hospitals and their clinics. Utah law also restricts abortions to cases of rape, incest or the health of the mother — and only up to 18 weeks in a pregnancy.
"It will functionally ban abortions in the state," Hannah Swanson, an attorney for Planned Parenthood, told the judge of the new law. "Today, over 95% of the abortions in Utah are performed at licensed clinics like Planned Parenthood’s. That’s because hospitals in Utah only perform abortions in the narrowest of circumstances."
Swanson argued that the law was designed to shut down abortion clinics like Planned Parenthood. It is the latest legal fight over abortion access in Utah. Following the U.S. Supreme Court's decision to overturn Roe v. Wade, Utah's "trigger law" — a near-total abortion ban — went into effect. Planned Parenthood sued and Judge Stone granted their request for an injunction.
The Utah Attorney General's Office appealed that decision to the Utah Supreme Court, which had scheduled arguments later this month. But that's now been delayed after the Utah State Legislature passed a change to court rules governing civil lawsuits, restricting what a judge can rule on. It was in response to Planned Parenthood's initial lawsuit over the "trigger law." The Supreme Court now wants to consider the impact of that rule change.
That issue came up in Friday's hearing.
"It is imperative that the court first answer one straightforward legal question, which is: Does the Utah Constitution protect abortion as a fundamental legal right?" assistant Utah Attorney General Lance Sorenson argued.
"I'm going to stop you there," Judge Stone interjected. "I’m a little concerned both parties have glossed over the case law limiting my jurisdiction in the case."
Judge Stone hinted a ruling might come ahead of the May 3 deadline when the new law goes into effect. Regardless of his ruling, the losing side is expected to immediately go to the Utah Supreme Court. Outside court, Planned Parenthood of Utah's interim CEO blasted the new law as "cruel" and vowed to keep fighting. She insisted their doors would not close.
"We provide a wide variety of sexual and reproductive health care, high quality, comprehensive, affordable health care, we are proud to do that," Stoesz said. " Although we may not continue to provide abortion, we will always continue to provide that essential health care."
