SALT LAKE CITY — A resolution that tweaks the rules for granting an injunction in civil lawsuits is being criticized for being used to undermine a lawsuit challenging Utah's near-total abortion ban.
Rep. Brady Brammer, R-Pleasant Grove, acknowledged the litigation was a factor.
"I think the trigger law was also a trigger to this," he told the House Judiciary Committee on Wednesday.
House Joint Resolution 2 would have courts revisit preliminary injunctions previously granted, including the one in Planned Parenthood and the ACLU of Utah's lawsuit challenging the state's abortion ban. A judge granted their request for an injunction while the case is pending, blocking Utah's ban from going into effect. The Utah Supreme Court did similar.
Rep. Brammer said the resolution would require some different standards for judges to consider when deciding whether to grant injunctions. He amended it to avoid making it entirely retroactive, but allowing lawyers to go back and request an injunction be reconsidered under the new rules.
He also expressed some frustration with how the courts are being used to block laws the legislature passes.
"When it is an injunction that stops bills that have been passed overwhelmingly by our body, without showing they are likely to prevail, that is extremely problematic," Rep. Brammer said.
Public comment was entirely in opposition to the resolution. Lawyers, including the Utah Medical Association and the Administrative Office of the Courts, worried it would open a Pandora's Box of costly litigation across the court system.
"Changing the rules for cases currently processing in the court is going to affect more cases. Any case where there is an injunction will be open to this challenge," warned Will Carlson with the district attorney's office.
John Mejia of the ACLU of Utah said they opposed the resolution.
"Because we are against watering down the ability of courts to protect people’s rights we are against this bill," he said.
Some members of the public said they took issue with the resolution targeting the injunction in the abortion case.
"I think citizens of the state of Utah should have the right to be able to turn to the state courts when their executive or legislative branch have violated their rights," said one man.
The committee passed the bill on an 8-4 vote. It will now go to the full House of Representatives. It requires a two-thirds vote in the legislature to amend judicial rules.
"In this case, it really seems as if we’re making a sudden change to benefit one side," said Planned Parenthood Association of Utah's Policy Director Jason Stevenson.
