SALT LAKE CITY (August 1, 2024) – Today, the Utah Supreme Court ruled to uphold the abortion injunction during the remainder of the trial in Planned Parenthood v. Utah. Sutherland released the following statement from its constitutional law and religious freedom fellow, Bill Duncan, on the decision:

“On Monday, President Joe Biden proposed an ill-considered effort to undercut the U.S. Supreme Court’s independence based on a fundamental misunderstanding of the court’s role. Today the Utah Supreme Court issued a decision that indicates as fundamental a misunderstanding of the judicial role.

“Today’s majority opinion at one point noted the obvious fact that Utah’s Constitution does not contain a right to abortion but went on to suggest that vague notions in that constitution could allow the court to imply such a right. The constitution only grants the legislative branch the authority to make laws. Since there is no clear endorsement of a right to abortion in the state constitution or the historic application, it would be inappropriate for the court to read such a right in.

“Thankfully, this is a preliminary decision in the case, and the court will have another chance to consider the arguments. This should be done in the context of the court’s proper role of applying existing law rather than breaking new policy ground.”

Contact Nic Dunn to reach Bill Duncan for further statement and interviews.