A state court on Tuesday blocked Utah\u2019s first-in-the-nation ban on abortion clinics from taking effect Wednesday in a ruling in which the judge called the Republican-controlled Legislature\u2019s objective in enacting the ban \u201cnebulous.\u201d
The decision allows the state\u2019s four clinics to continue providing abortions while Judge Andrew Stone takes more time to weigh the merits of a lawsuit filed by the Planned Parenthood Association of Utah, which argued the law would \u201cfunctionally eliminate\u201d abortion access by limiting the procedure to hospitals.
It\u2019s the latest development to shape abortion access in Utah in the year after the U.S. Supreme Court overturned Roe v. Wade. It follows an earlier legal challenge to a Utah law banning most non-emergency abortions. That law remains unimplemented, tied up in court.
Utah\u2019s abortion clinic ban seeks to stop new facilities from getting licenses and was set to take effect on Wednesday. It would also faze out existing licenses by next year. Stone\u2019s decision prevents the state from joining others such as West Virginia, North Dakota and Mississippi, all of which have pushed out abortion clinics.
Planned Parenthood argued that the Utah law effectively banned abortion because 95% of the procedures are provided in clinics and hospitals aren\u2019t as well-equipped to offer low-cost outpatient care, including the abortion pill. Planned Parenthood said state lawmakers and Gov. Spencer Cox enacted the law to bypass the court system while it weighs challenges to other abortion restrictions.
Sarah Stoesz, president and CEO of Planned Parenthood\u2019s Utah affiliate, said the ruling \u201cmeans that clinics can continue providing essential health care to our patients, who for months have lived in a state of chaos and confusion over the impact of this law on their lives.\u201d
While welcoming Tuesday\u2019s ruling, Stoesz said the threat to Utah residents\u2019 health and personal freedom \u201cremains dire as politicians continue to undermine our judicial process.\u201d
In his ruling, Stone agreed to delay implementing the clinic ban because Planned Parenthood presented enough preliminary evidence to suggest the legislation \u201csingles out\u201d abortion clinics without reason. The challenge will now advance through the court system while the law remains on hold.
\u201cThere is nothing before the Court to indicate that an injunction would be adverse to the public interest,\u201d Stone said in his ruling.
The office of Utah\u2019s Attorney General declined to comment on pending litigation. Republican lawmakers have previously said they designed the law to provide clarity to hospitals and explain parts of the legal code that would no longer be relevant once the state\u2019s abortion restrictions are fully implemented. Clinics could still apply for expanded licenses as hospitals, the lawmakers have said.
Utah is one of 19 states to tighten abortion restrictions since the Supreme Court overturned Roe v. Wade, with many relying on \u201ctrigger laws\u201d passed in the years leading up to the decision. Such laws laid out restrictions that would kick in following any Supreme Court ruling that reversed Roe.
In Utah, overturning Roe triggered two pieces of legislation: an 18-week ban passed in 2019 and a 2020 ban on abortions regardless of trimester, with several exceptions to protect maternal health or in cases of rape or incest reported to the police.
Planned Parenthood sued over the 2020 ban, and last July, Stone delayed implementing it until legal challenges could be resolved.
Abortion remains legal up to 18 weeks in the state as the court weighs that challenge.
When Utah passed its clinic ban in March, it became the first state to adopt such a law in the post-Roe era.<\/p>\n\n\n\n