Utah Judge Delays Implementing Statewide Abortion Clinic Ban

SALT LAKE CITY (AP) — A state court docket on Tuesday blocked Utah’s first-in-the-nation ban on abortion clinics from taking impact Wednesday in a ruling during which the decide referred to as the Republican-controlled Legislature’s goal in enacting the ban “nebulous.”

The choice permits the state’s 4 clinics to proceed offering abortions whereas Choose Andrew Stone takes extra time to weigh the deserves of a lawsuit filed by the Deliberate Parenthood Affiliation of Utah, which argued the regulation would “functionally eradicate” abortion entry by limiting the process to hospitals.

It’s the most recent improvement to form abortion entry in Utah within the yr after the U.S. Supreme Court docket overturned Roe v. Wade. It follows an earlier authorized problem to a Utah regulation banning most non-emergency abortions. That regulation stays unimplemented, tied up in court docket.

Utah’s abortion clinic ban seeks to cease new services from getting licenses and was set to take impact on Wednesday. It will additionally faze out present licenses by subsequent yr. Stone’s determination prevents the state from becoming a member of others reminiscent of West Virginia, North Dakota and Mississippi, all of which have pushed out abortion clinics.

Deliberate Parenthood argued that the Utah regulation successfully banned abortion as a result of 95% of the procedures are supplied in clinics and hospitals aren’t as well-equipped to supply low-cost outpatient care, together with the abortion tablet. Deliberate Parenthood mentioned state lawmakers and Gov. Spencer Cox enacted the regulation to bypass the court docket system whereas it weighs challenges to different abortion restrictions.

Sarah Stoesz, president and CEO of Deliberate Parenthood’s Utah affiliate, mentioned the ruling “implies that clinics can proceed offering important well being care to our sufferers, who for months have lived in a state of chaos and confusion over the influence of this regulation on their lives.”

Whereas welcoming Tuesday’s ruling, Stoesz mentioned the menace to Utah residents’ well being and private freedom “stays dire as politicians proceed to undermine our judicial course of.”

In his ruling, Stone agreed to delay implementing the clinic ban as a result of Deliberate Parenthood introduced sufficient preliminary proof to recommend the laws “singles out” abortion clinics with out cause. The problem will now advance by way of the court docket system whereas the regulation stays on maintain.

“There may be nothing earlier than the Court docket to point that an injunction can be opposed to the general public curiosity,” Stone mentioned in his ruling.

The workplace of Utah’s Legal professional Basic declined to touch upon pending litigation. Republican lawmakers have beforehand mentioned they designed the regulation to supply readability to hospitals and clarify elements of the authorized code that may not be related as soon as the state’s abortion restrictions are absolutely applied. Clinics might nonetheless apply for expanded licenses as hospitals, the lawmakers have mentioned.

Utah is one in all 19 states to tighten abortion restrictions because the Supreme Court docket overturned Roe v. Wade, with many counting on “set off legal guidelines” handed within the years main as much as the choice. Such legal guidelines laid out restrictions that may kick in following any Supreme Court docket ruling that reversed Roe.

In Utah, overturning Roe triggered two items of laws: an 18-week ban handed in 2019 and a 2020 ban on abortions no matter trimester, with a number of exceptions to guard maternal well being or in instances of rape or incest reported to the police.

Deliberate Parenthood sued over the 2020 ban, and final July, Stone delayed implementing it till authorized challenges might be resolved.

Abortion stays authorized as much as 18 weeks within the state because the court docket weighs that problem.

When Utah handed its clinic ban in March, it grew to become the primary state to undertake such a regulation within the post-Roe period.