The proposal aims to retroactively eliminate a judge’s ability to grant a preliminary injunction unless a case has a “substantial likelihood” of success.
Representatives from Utah courts, the Salt Lake County D.A.’s office, the Utah Medical Association and the American Civil Liberties Union came to voice concerns about the joint resolution
The proposal, put forward by Rep. Brady Brammer, R-Pleasant Grove, aims to retroactively eliminate a judge’s ability to grant a preliminary injunction unless a case has a “substantial likelihood” of success. Both Democrats on the House Judiciary Committee voted against the measure, and Republican Reps. Judy Rohner and Christine Watkins — of West Valley City and Price, respectively — joined them.
If passed, Brammer’s law would make it so judges cannot use that basis to grant such a preliminary injunction. Under a substitution approved by the committee, it would also allow parties — such as the Utah attorney general’s office, which is representing the state “If we were to not pass this, what could very easily happen is anything that is controversial, moving forward, might be presumed constitutional, but it would not go into effect until the Supreme Court then weighs in on it,” Brammer said.
Many of the speakers voiced worries about the joint resolution’s wider application beyond the case surrounding the trigger law. No one in attendance stood up to support the legislation.
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