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Planned Parenthood Association of Utah v. Miner (2019)

16 April 2019 Published in Current Cases

 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 while the U.S. Supreme Court considered a semi-related abortion lawsuit, the legal challenge against Utah's 18-week abortion ban is now continuing.

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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:

7/14/19 -  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)

7/11/19 - We updated our FAQ (frequently-asked questions) about our ongoing legal challenge to H.B. 136 - read it here (PDF)

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 (web) (Apple podcasts)

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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:

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)

FAQ about the ACLU/PPAU lawsuit (PDF)

Text of H.B. 136 (Abortion Amendments) (link)

 

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

Planned Parenthood sues Utah over new law banning abortion after 18 weeks
KSL-TV
April 10, 2019

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

Lawsuit challenges Utah ban on abortions after 18 weeks
Associated Press
April 10, 2010

Lawsuit challenges Utah ban on abortions after 18 weeks
ABC4
April 10, 2019

Abortion Rights Groups File Suit To Halt Utah's New 18-Week Ban From Taking Effect
KUER
April 10, 2019

Utah abortion bill: Planned Parenthood, ACLU file federal lawsuit
St. George Spectrum
April 12, 2019

ACLU and Planned Parenthood of Utah Files Lawsuit Against State of Utah Over Anti-Abortion Bill
Catalyst Magazine
April 13, 2019

Analysis: Is abortion a potent political issue in Utah?
UtahPolicy.com
April 17, 2019

Utah’s 18-week abortion ban won’t be enforced while lawsuit moves forward in court
FOX13
4/18/19

Utah agrees to delay implementation of new law on abortions
AP / Cache Valley Daily (Logan)
4/18/19

Federal judge issues injunction to temporarily stop new Utah abortion law
KUTV (AP)
4/18/19

AG Reyes agrees to delay enforcement of 18-week abortion ban pending court challenge
ABC4
4/18/19

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

Judge issues injunction on Utah's 18-week abortion ban
Deseret News
4/18/2019

Utah agrees to not enforce the new 18-week abortion ban until courts review it
Salt Lake Tribune
4/18/19