One month after a district court judge granted a preliminary injunction on Utah’s abortion trigger law, the attorney general’s office is asking the Utah Supreme Court to allow it to appeal the hold on SB174.
“Planned Parenthood Association of Utah challenges Utah’s renewed abortion policy as violating an alleged implied state constitutional right to abortion,” the petition, which was filed late Tuesday night, reads. “And the district court preliminarily enjoined the State from enforcing its law. That extraordinary remedy warrants immediate review by and relief from this Court.”
Although the attorney general’s office is asking to appeal the injunction, that request alone will not lift the district court’s hold on the state’s abortion ban. Unless the attorney general’s office files a motion to stay the injunction — or halt the lower court’s action — the hold will remain in place throughout the appeals process.
In a statement provided to The Salt Lake Tribune, Karrie Galloway, the president and CEO of Planned Parenthood Association of Utah, said, “The state’s request to appeal was expected and is a normal part of the legal process. We feel confident the injunction will stand so that Utahns can continue to get the health care they need while we fight this ban in court.”
Justices will decide on the petition amongst themselves, as the Utah Supreme Court does not hold hearings for such requests. Utah Attorney General’s office spokesperson Richard Piatt said there is not a set timeline for when the court is expected to answer the petition.
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