State Courts Are Blocking Abortion Bans Left and Right. Republicans Have a Plan to Stop Them.
State courts in Utah and Tennessee have blocked or challenged abortion bans, prompting Republican lawmakers to introduce measures that alter judicial processes to delay or influence rulings. In Utah, a new law allows the state to transfer cases to a three-judge panel after an unfavorable ruling, raising concerns about judicial manipulation. Similar legal battles in Tennessee over abortion exceptions for medical emergencies have further intensified the conflict between reproductive rights advocates and state governments.
- ▪The Utah Supreme Court blocked enforcement of the state's abortion ban in 2024, leading Republicans to pass a law allowing the state to move cases to a new three-judge panel.
- ▪The Utah law permits only the state to request a panel change after losing in court, effectively letting the government replace judges it disagrees with.
- ▪Planned Parenthood filed its lawsuit in Salt Lake City, which Republicans argue is judge-shopping, though the new law gives the state far greater control over judicial selection.
- ▪In Tennessee, the Center for Reproductive Rights sued over the lack of medical emergency exceptions in the abortion ban, representing seven women and two physicians.
- ▪The Tennessee case highlights severe health risks faced by pregnant patients denied abortions despite dire medical conditions.
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Jurisprudence State Courts Are Blocking Abortion Bans Left and Right. Republicans Have a Plan to Stop Them. By Mary Ziegler May 04, 202611:30 AM Evelyn Hockstein/Reuters Copy Link Share Share Comment Copy Link Share Share Comment Sign up for Executive Dysfunction, a newsletter that highlights one under-the-radar story each week about how Trump is changing the law—or how the law is pushing back. You’ll also receive updates on the latest from Slate’s Jurisprudence team. Anti-abortion groups have had their share of trouble since the Supreme Court overturned Roe v. Wade, even in red-state courts in places like Tennessee, Wyoming, Montana, and Utah.
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