By Ben Winslow | Fox 13 News
The state’s top court has signaled it may take up a series of legal challenges to a new law the Utah State Legislature passed, creating a special three-judge panel to hear specific lawsuits raising constitutional questions or challenging new laws.
A review of the appellate court dockets by FOX 13 News found the Utah Supreme Court requested attorneys file briefings in litigation over Utah’s near-total abortion ban and fossil fuel policies. Both of those cases have been moved to the newly created three-judge panel by the Utah Attorney General’s Office, instead of the original judges assigned to hear them.
“We take it as a promising sign they’ve called for briefing on our petition for extraordinary writ,” said attorney Andrew Welle of Our Children’s Trust, which is representing a group of teenagers suing Utah’s Division of Oil, Gas & Mining over state policies on fossil fuels that they allege have contributed to climate change and harmed their health.
The law was passed by the legislature earlier this year. It creates a special panel of judges from across the state to hear legal challenges to laws the legislature passes or Utah’s constitution. As soon as it was signed into law by Governor Spencer Cox, the Utah Attorney General’s Office filed motions to have lawsuits over abortion rights, climate change, the Great Salt Lake and independent redistricting moved from a single judge hearing the case to the panels.
In each of those lawsuits, the plaintiffs have filed appeals challenging the special panel of judges and the new law. But the Utah Supreme Court has so far only requested briefing in Planned Parenthood Association of Utah’s lawsuit and Natalie R. v. Utah Division of Oil, Gas & Mining. It is a sign that the Court may ultimately take up the legal challenges and decide if the newly passed law is even constitutional.
Read more at Fox13Now.com.
This article is published through the Utah News Collaborative, a partnership of news organizations in Utah that aims to inform readers across the state.