On April 10, 2019, Planned Parenthood Association of Utah (PPAU) and the ACLU of Utah Federation (ACLU of Utah) filed a lawsuit to stop H.B. 136 – the 18-week abortion ban passed by the Utah legislature and signed into law by Governor Herbert. 

After being stayed (i.e., paused) for six months in 2020 while the U.S. Supreme Court considered a semi-related abortion lawsuit from Louisiana, the legal challenge against Utah's 18-week abortion ban was continued. However, the case was paused again in 2021 while the Court considered another abortion case from Mississippi. As a result, the PPAU v. Miner case is on hold while the courts await the outcome of the Jackson Women's Health decision at the Supreme Court which could come down in early Summer 2022.

Read our updated FAQ for the latest details on these cases. 

The lawsuit was filed in federal district court and initial secured a preliminary injunction to stop H.B. 136 from taking effect. As a result, the 18-week abortion ban has not taken effect in Utah and will be blocked during the period of litigation. Abortion healthcare is still safe, legal, and available in Utah. 

This web-page will be updated with news and documents related to the lawsuit.

LATEST UPDATES:

12/6/21 - See our statement on Statement on Jackson Women’s Health, the legal challenge to Mississippi's 15-week abortion ban (PDF).

12/1/21 - Read our updated FAQ about the PPAU v. Miner case and how it relates to the other abortion lawsuits from Mississippi and Texas (PDF).

11/15/21 - Use our  Abortion Lawsuit Flashcards to track the legal challenges to abortion rights pending in Texas and Mississippi, as well as the ACLU of Utah's lawsuit against Utah's own 18-week abortion ban (PDF).

8/22/20 - The ACLU of Utah and Planned Parenthood are currently engaged in the discovery process (i.e. request documents and establishing facts) prior to the continuation of this lawsuit.

7/14/20 - Following the recent U.S. Supreme Court decision in June Medical v. Gee, District Judge Clark Waddoups unfroze the legal challenge against Utah's 18-week abortion ban. Both two sides are currently meeting to decide schedules for upcoming depositions and hears. (Deseret News)

6/30/20 - In a 5-4 decision, the U.S. Supreme Court struck down a Louisiana law that required abortion providers to hold admitting privileges at local hospitals. This decision also unfroze the ongoing legal challenge against Utah's 18-week abortion ban by upholding the right for abortion providers to file lawsuits on behalf of their clients. (Salt Lake Tribune/Associated Press)

12/10/19 - U.S. District Judge Clark Waddoups played a stay (i.e. a pause) on litigation against Utah's 18-week abortion ban. The Court halted the case pending a decision from the U.S. Supreme Court in a Louisiana abortion case that has implications on whether abortion providers like Planned Parenthood of Utah can sue to block abortion bans. A decision from the U.S. Supreme Court in June Medical vs. Gee is expected in June 2020.  (Deseret News)

6/28/19 -Marina Lowe explains the history of abortion and reproductive rights in this informative "Birds and the Beehive" podcast from our friends at Planned Parenthood Association of Utah (PDF) (MP3)

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6/20/19 - Press Statement on Court's Decision to Allow Limited Discovery in 18-Week Ban Case (Web) (PDF)

5/16/19 - Senior Staff Attorney Leah Farrell spoke to ABC4 about how new court challenges to abortion rights could play out in the future.

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5/7/19 - Petition opposing H.B. 136: Sign our community letter to tell Utah lawmakers that you support the ability for women to remain free to make personal medical decisions without governmental interference.

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4/18/19 -  Preliminary Injunction granted: We secured a preliminary injunction to stop enforcement of H.B. 136 during the duration of the lawsuit. Read the press release (PDF

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Video of the April 10, 2019 Press Conference (link)


Resources and Links:

  • Text of H.B. 136 (Abortion Amendments) (link)
  • Complaint filed as Planned Parenthood Association of Utah v. Miner (2019) (PDF)
  • Press release for the April 10, 2019 press conference (PDF)
  • Press release about the April 18, 2019 temporary injunction (PDF)
  • Press release on June 20, 2019 on Court's decision to alow limited discovery (PDF)
  • Updated FAQ about the ACLU/PPAU lawsuit (Updated December 2021) (PDF)

Sample Media Coverage:

Planned Parenthood, ACLU announce federal lawsuit aimed at striking down Utah’s new 18-week abortion ban
Salt Lake Tribune
April 10, 2019

Planned Parenthood sues Utah over new law banning abortion after 18 weeks
Deseret News
April 10, 2019

Lawsuit filed over Utah’s 18-week abortion ban
FOX13
April 10, 2019

Judge Allows 18-Week Abortions To Continue As New Law Is Litigated
KUER
4/18/19

Utah agrees to delay implementation of new laws on abortion
Associated Press
4/18/19
 

Pro Bono Law Firm(s)

Planned Parenthood Federation of America

Date filed

April 10, 2019

Status

Active