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Following Supreme Court decision in Louisiana case, Planned Parenthood back in court to challenge Utah law banning abortion beginning at 18 weeks

Jul 14, 2020

By Dave Andrusko

Last December, after previously issuing an injunction that stopped a Utah law banning abortions beginning at 18 weeks from taking effect, U.S. District Judge Clark Waddoups issued a stay in Planned Parenthood of Utah’s lawsuit against the state pending a decision by the U.S. Supreme Court in the  Louisiana case of June Medical Services, LLC v. Russo. That disappointing decision came down June 29 and eliminated Louisiana’s requirement that abortionists must have admitting privileges at a local hospital in case of emergencies.

The Utah Attorney General’s Office had “sought the stay, arguing the Supreme Court’s decision to hear the Louisiana case calls into question the standing of abortion providers, including Planned Parenthood in the Utah case, to challenge abortion regulations on behalf of patients,” according  to Dennis Romboy of Desert News.

Attorneys for the state argued, “Without standing, this court lacks jurisdiction to decide this case because there would be no ‘case’ or ‘controversy.’”

However, another unfortunate  components of the 5-4 June Medical, decision was that the justices said abortion clinics could sue on behalf of women seeking abortions.

Not surprisingly, on Monday, Planned Parenthood of Utah was back in court,  Romboy reported. They cited Justice Breyer’s conclusion 

that the plaintiffs had third-party standing “under a long line of well-established precedents.” Roberts agreed that abortion providers have standing to assert the constitutional rights of their patients.

According to its Monday filing, Planned Parenthood lawyers said they “have talked to state attorneys and they agree the case should resume with discovery and other motions.”

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