Utah’s near-total abortion ban to remain blocked until lower court assesses its constitutionality
A controversial near-total abortion ban in Utah will remain blocked until a lower court assesses its constitutionality, a federal appeals court ruled on Friday.
The ban, which was signed into law in March by Governor Spencer Cox, would prohibit abortions after 18 weeks of pregnancy, with exceptions for cases of rape, incest, fatal fetal defects, or when the mother’s life is at risk. The law also includes a provision that would allow individuals to sue doctors who perform abortions after the 18-week mark.
However, just days before the law was set to take effect on May 5, a federal judge issued a temporary restraining order blocking its enforcement. The judge cited concerns about the law’s constitutionality and potential harm to pregnant individuals seeking abortions.
The state of Utah appealed the decision, arguing that the ban should be allowed to go into effect while the legal challenges play out in court. But the 10th U.S. Circuit Court of Appeals rejected that argument, ruling that the lower court must first determine whether the law is constitutional before it can be enforced.
The decision was met with mixed reactions from advocates on both sides of the abortion debate. Anti-abortion groups have criticized the ruling, arguing that the ban is necessary to protect the rights of the unborn. Meanwhile, reproductive rights advocates have praised the decision, saying that the ban would severely restrict access to abortion in Utah and harm pregnant individuals.
The legal battle over Utah’s near-total abortion ban is just one example of the ongoing fight over reproductive rights in the United States. With the recent confirmation of Justice Amy Coney Barrett to the Supreme Court, many fear that Roe v. Wade, the landmark 1973 decision that legalized abortion nationwide, could be in jeopardy.
As the legal challenges to Utah’s abortion ban continue to play out in court, the future of reproductive rights in the state and across the country remains uncertain. It is clear that this issue will continue to be a hot-button topic for years to come.
