U.S. judges rule on state abortion bans as many act to ensure reproductive rights

The overturn of Roe v. Wade ruling reverted the issue of abortion to the states, setting off new court battles and ballot initiatives as many states act to curtail or ban abortions

A Utah judge on Monday granted a request from Planned Parenthood to delay implementing the state’s trigger law banning most abortions, as implications of the U.S. Supreme Court overturning Roe v. Wade reverberate nationwide.

With the decision, abortion remains legal up to 18 weeks in Utah, which is among a group of states where abortion rights have been thrown into limbo amid the legal and political challenges shaping the post-Roe landscape with states now holding the power to restrict abortion.

“What I’m really doing is saying we have serious things to talk about,” Judge Andrew Stone said after granting an injunction delaying the trigger law.

He said the status quo should remain in effect until a challenge from the state’s Planned Parenthood affiliate can be heard fully.

Meanwhile, a Minnesota judge declared most of that state’s restrictions on abortion unconstitutional. In Michigan, a campaign turned in a record-breaking number of signatures so voters can be asked on the November ballot whether to enshrine abortion rights in the state constitution. And federally, the Biden administration’s Department of Health and Human Services said Monday that hospitals “must” provide abortion services if the life of the mother is at risk, saying federal law on emergency treatment guidelines preempts state laws in jurisdictions that now ban the procedure without any exceptions. Currently, even states with the most stringent abortion bans allow exceptions when the health of a mother is at risk, though the threat of prosecution has created confusion for some doctors.

Last month’s Dobbs v. Jackson ruling overturned the 1973 Roe v. Wade ruling that found the right to abortion was protected by the U.S. Constitution. The issue reverted to the states, setting off new court battles and ballot initiatives as many states act to curtail or ban abortions.

Utah is among more than a dozen states with trigger laws designed to limit abortion upon the overturning of Roe v. Wade. The decision on Monday comes two weeks after the court put a temporary hold on the law, which bans most abortions with exceptions for rape, incest or maternal health. Stone, who was appointed by a Republican governor, blocked its enforcement for 14 days after the state’s branch of Planned Parenthood sued. His decision effectively extends the temporarily hold placed on the law and allows Planned Parenthood clinics to continue providing abortions until the case is resolved.

Attorneys for Utah argued language in the state constitution allowed for abortions to be banned and said delaying the implementation of the trigger law would amount to overruling the will of Legislature and Utah voters. Julie Murray, Planned Parenthood’s attorney, said not delaying the implementation of the law could open its staff to criminal charges and hurt roughly 200 patients with scheduled appointments in the month ahead.