"In a Utah suit filed in 2022, Planned Parenthood argued that the state's abortion ban violates more than one part of its constitution. In 2024, the Utah Supreme Court blocked enforcement of the criminal law. The case then went back to a trial court for further proceedings."
"Unhappy with that prospect, Utah Republicans passed a new law changing which judges will hear the case. Under the bill, any time the state is sued, including in constitutional challenges like the Planned Parenthood case, the state will have the choice to remove the case from the judge hearing it to a brand new three-judge panel."
"Republicans' justification for the law is rich. They say the problem is with judge-shopping on the other side: Parties like Planned Parenthood in theory seek out a sympathetic court to argue their case in the first instance."
After the Supreme Court overturned Roe v. Wade, anti-abortion groups faced challenges in red states. In response, Republicans in Utah passed a law allowing the state to change judges in abortion-related cases. This law permits the removal of cases from original judges to a new three-judge panel, aiming to counter perceived judge-shopping by plaintiffs like Planned Parenthood. The law reflects a strategic shift in how Republicans approach judicial proceedings in light of unfavorable rulings.
Read at Slate Magazine
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