Filed Date: June 25, 2022
Case Ongoing
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After the decision in Jackson Women's Health Organization v. Dobbs on June 24, 2022, Utah's trigger ban went into effect, making the provision of abortion in this state at any point in pregnancy a crime. The day after, Planned Parenthood filed this lawsuit in the Third Judicial District Court for Salt Lake County to challenge the abortion ban on state grounds. Plaintiffs claim that the ban violates multiple provisions of the Utah Constitution, including Utah’s guarantee of equal rights for men and women, its protections for individuals to make their own decisions about family composition, and the right to maintain their bodily integrity. Plaintiffs sought (1) declaratory relief stating that Utah’s trigger ban violates Plaintiff’s and its patients’ constitutional rights under the Utah Constitution and that it is therefore invalid, (2) injunctive relief in the form of a preliminary and permanent injunction prohibiting the enforcement of the ban, and (3) attorney’s fees and costs. This case was assigned to Judge Mark S. Kouris.
On June 27, 2022, the trial court held an emergency court hearing and granted a temporary restraining order, allowing abortion services to resume in the state effective immediately. The day after, on June 28, 2022, Utah’s 18-week ban went into effect, while the trigger law that banned all abortions was on hold.
Later on July 11, 2022, a preliminary injunction was granted and the total abortion ban continued to be prohibited while the litigation over the law proceeded. The preliminary injunction is currently on appeal.
This case remains ongoing.
Summary Authors
Kathleen Lok (11/2/2022)
State / Territory: Utah
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: June 25, 2022
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The Planned Parenthood Association of Utah is a non-profit corporation dedicated to ensuring Utahns’ access to affordable, quality sexual and reproductive health care and education.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Planned Parenthood Federation of America
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Director of the Utah Division of Occupational and Professional Licensing, State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Order Duration: 2022 - None
Content of Injunction:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
General:
Discrimination-basis:
Type of Facility: