Responding to criticism from the legal community, a substitute to a joint resolution proposed by Rep. Brady Brammer would specifically limit injunctions on laws passed by the Utah Legislature.
Sen. Dan McCay answers questions about Utah's trigger law, SB174, that will prohibit elective abortion in Utah, during a news conference at the State Capitol, after the Supreme Court overturned Roe v. Wade, on Friday, June 24, 2022. McCay is the Senate sponsor of a bill that would force courts to reconsider an injunction on that law, which he authored.
The bill’s author, Rep. Brady Brammer, R-Pleasant Grove, said he asked for the change and supports it.when a district court judge issued a temporary restraining order and later granted a preliminary injunction in Planned Parenthood Association of Utah’s lawsuit challenging the law. Sen. Todd Weiler, R-Woods Cross, motioned for senators to reconsider the vote, and Adams added his affirmation as Grover and Harper switched sides. The bill now returns to the House for the new version to be approved before going into effect.
Third District Court Judge Andrew Stone’s order granting the preliminary injunction on the abortion trigger law uses that language, so under the joint resolution, the Utah Attorney General’s office could request the courts reevaluate the delay of the law under the new rules. Under the substitute, the bar has switched to a neutral position on the bill, according to Nancy Sylvester, the bar’s general counsel.
Michael Drechsel, an assistant administrator for Utah Courts, told The Tribune through a spokesperson Wednesday that the courts hadn’t yet had a chance to review the substitute to take a position on it, but that it will likely maintain its “no position” stance. That stance, he said in a committee meeting, is in part because of how it might impact ongoing litigation in multiple cases.
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