SALT LAKE CITY — A newly-expanded Utah Supreme Court heard legal challenges to the legislature's creation of a special court to hear lawsuits against laws the legislature passes.
On Monday, the justices heard arguments for nearly six hours in Planned Parenthood's lawsuit challenging Utah's near-total abortion ban; the League of Women Voters of Utah and Mormon Women for Ethical Government's lawsuit over independent redistricting; and litigation brought by a group of teens challenging Utah's fossil fuel polices that they allege harm their health and contribute to climate change.
But the justices aren't really getting to the merits of the cases. Instead, they're deciding if the court created to hear legal challenges to the legislature's laws is even legitimate.
"Whatever the court holds here could have lasting and bigger impacts moreso than just within the confines of this particular case," said Tyler Green, an attorney representing the Utah State Legislature.
Shortly after passing the law earlier this year, the Utah State Legislature filed to have each one of the cases heard by the special three-judge panel. In each case, the plaintiffs resisted it.
"Witching to the three-judge panel in the middle of our case is kind of, at least dubious," Lev Wickelson, one of the teen plaintiffs suing Utah's Division of Oil, Gas & Mining, told FOX 13 News outside of court.
"It’s an overstep of the legislative branch," added his brother, Otis. "It’s a separation of powers violation. It’s something the judiciary should push back on."
The plaintiffs argue that the legislature is seeking to change the rules while the cases are still unresolved, simply because they have been unhappy with rulings that haven't gone their way.
"We believe this is a monumental waste of time and taxpayer money, especially to salve the — I guess — fragile feelings of the aggrieved party, which is the legislature," Katharine Biele, the president of the League of Women Voters of Utah, told FOX 13 News as she left court on Monday.
But Maryann Christensen, the executive director of Utah Legislative Watch, said too many cases have been locked up in litigation and this moves things along.
"We’ve got to have a way to get these cases moving and decided and the legislature is finally flexing its muscles and doing what it should have done years ago," she told FOX 13 News.
The justices on the court went back-and-forth on the legislature's powers when it comes to the judiciary and where it may overstep. Each case had individual nuances, though it was clear the Court is considering the broader issue.
"The problems the legislature has pointed to here, like solving judicial trust, efficiency, efficacy of the judiciary, these are serious accusations and there’s really no evidence of any existence of these problems," argued Camila Vega, an attorney for Planned Parenthood.
"There’s no evidence with, but that’s why courts on all topics really defer to the legislature," countered Justice Jay Jorgensen. "They talk to people out in the community, they receive input from everyone."
But Judge Joseph Bean (who filled in for Justice John Nielsen, who recused himself from hearing two of the cases) asked where the line is.
"What happens if they don’t like the ruling of the three-judge panel? Do they create a five-judge panel? Do they create seven-judge panel? I know this hits a little too close to home here," Judge Bean said to laughter from the courtroom and his fellow justices. "Until they get to the results they’re wanting?"
Replied Assistant Utah Solicitor General Erin Middleton: "I don’t think that’s likely."
Outside court, Planned Parenthood Association of Utah CEO Shireen Ghorbani told FOX 13 News they should not have to even be before the Utah Supreme Court again. The Court previously upheld an injunction on Utah's near-total abortion ban. The result is abortion remains legal in the state up to 18 weeks.
"What we saw today is just a very clear demonstration of our legislature and Governor Cox’s continued overreach into every element of Utahns’ lives," she said. "Whether it’s changing the courts when they don’t like impartial decisions that impartial judges give over and over again, or if they don’t like the fact that the Utah Constitution suggests we have the right to determine our ability to decide what happens for our own bodies."
But others in court said the legislature is exercising the powers they have.
"I think it was pretty much established that the legislature was well within their rights to pass this legislation for this constitutional panel and we’re looking forward to this decision from the Supreme Court," Mary Taylor, who leads Pro-Life Utah, told FOX 13 News as she left the courtroom.
The Court gave no timeline for a ruling. In the meantime, each of the cases remains stalled pending a decision.