Letter: Utah Legislature’s attempts to limit what the courts can do are likely unconstitutional

The Legislature, angry that they have lost a couple decisions in legal cases, is seeking to upend the judicial process in unhealthy and likely unconstitutional ways.

The League of Women Voters and Mormon Women for Ethical Government sued to enforce the nonpartisan redistricting commission’s process, and the Utah Supreme Court found their case had merit. Now SB203 would limit when an association like LWV or MWEG can bring a lawsuit. Planned Parenthood Association of Utah sued to protect the rights of its patients. Now SB203 would limit when a nonprofit can sue to protect its patients’ rights.

Planned Parenthood Association of Utah sued to retain the right to offer abortion services. The courts enjoined the law, finding PPAU had a substantial likelihood of success based on the Utah Constitution. Now SB204 would require that the court’s injunction must be eliminated if the state appeals — putting into place a law that the courts have found is likely unconstitutional for the duration of the appeal.

These legislative attempts to limit what the courts can do are damaging and likely violations of the separations of powers doctrine, due process, and the Open Courts provision of the Utah Constitution.

Ask your representative and senators to back off — let the courts do their job. Don’t enact new unconstitutional laws for the courts to overturn.

Linda F. Smith, Salt Lake City

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