Utah files on abortion law

For three years Utah's ban on partial-birth abortions has been on ice, frozen from taking effect, until the U.S. Supreme Court ruled on the ban's constitutionality.

Last month the U.S. Supreme Court, in a 5-4 decision, ruled for the first time since establishing a woman's right to an abortion in 1973 that the 2003 Partial Birth Abortion Ban Act does not violate a woman's constitutional right to an abortion. The ruling was a victory for anti-abortion supporters, who had moral objections to the late-term medical procedure.

In light of the ruling, the Utah Attorney General's Office has filed a federal petition, seeking to have an injunction on Utah's abortion ban lifted, allowing the bill to go into effect immediately.

SB69 was passed by the Utah Legislature in 2004 in both houses by wide margins. Then-Gov. Olene Walker signed the bill with the understanding that the bill would be frozen pending litigation.

Immediately after, the Utah Women's Clinic and the Planned Parenthood Association of Utah sued the state over the law. A federal judge imposed an injunction, keeping the bill from becoming law, pending a review by the U.S. Supreme Court.

In a motion filed in U.S. District Court on Monday, the attorney general's office noted that both parties had agreed to wait on any legal action until the country's high court ruled. Given the recent ruling, the state is seeking to reopen the case and have a federal judge lift the freeze.

"In order for the court to consider anything, we had to reopen it," said Assistant Utah Attorney General Jerrold Jensen.

Jensen said Utah's partial-birth abortion ban is modeled after the federal ban, leaving little legal wiggle room.

Jensen said how long it will take for the bill to become law will depend on whether Utah Women's Clinic and Planned Parenthood will fight the lifting of the injunction. If they do not, the law would take effect immediately, Jensen said.

Attorneys for both Utah Women's Clinic and Planned Parenthood Association of Utah could not be reached for comment.

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