Planned Parenthood v. Utah
Planned Parenthood v. Utah, 2024 UT 28 (Pearce, A.C.J.) (dissent, Durrant, C.J.)
Standing / Civil Procedure
Planned Parenthood Associate of Utah (PPAU) challenged Senate Bill 174 (SB 174), which prohibits abortion at any stage of pregnancy in all but three circumstances. PPAU contends that SB 174 violates the Utah Constitution. A district court granted a preliminary injunction halting the law’s enforcement while PPAU litigated the law’s constitutionality. The State petitioned for interlocutory review. The Utah Supreme Court affirmed, holding:
- PPAU satisfies the requirements for traditional and third-party standing, allowing it to advance its patients’ claims.
- The district court did not abuse its discretion when it concluded that PPAU and its patients would be irreparably harmed without the injunction. Likewise, the court did not abuse its discretion when it concluded that the balance of harms tipped in favor of enjoining SB 174 while the parties litigate its constitutionality. Nor did the court act outside the bounds of its discretion when it concluded that the injunction would not be adverse to the public interest.
- Dissent: PPAU does not have standing to assert these claims based on the concept of public-interest standing, as the district court concluded, or through third-party standing, as the majority concluded.
