The Center for Reproductive Law and Policy has filed briefs urging the U.S. U.S. Supreme Court to leave intact a lower court's decision to strike down Utah's controversial anti-abortion law.
The justices are considering whether Utah's request that they review a 10th Circuit Court of Appeals reversal last August of Salt Lake U.S. District Judge J. Thomas Greene's decision regarding the statute.In his December 1992 ruling, Greene did find the 1991 state law unconstitutional in banning abortions prior to the 20th week of pregnancy. The statute originally prohibited abortions except in cases where the mother's life was in danger or in cases of rape, incest or "grave fetal defects."
However, Greene found that abortions could be similarly banned after the 20th week of gestation. The judge also upheld a provision requiring doctors who performed abortions still allowed under the law to use the method mostly likely to give the fetus the best chance of survival.
In reversing Greene, the appellate court in Denver held the district judge had improperly substituted his own judgment for that of legislators, and that restrictions he sought to impose on "post-viability" abortions amounted to an undue burden on women.
"We see no reason for the Supreme Court to review this case because it's federal law, and the 10th Circuit did the right thing," said CRLP spokeswoman Andrea Miller.
The Utah Attorney General's Office referred questions about the appeal to Robin Riggs, general counsel to Gov. Mike Leavitt. A secretary said that Riggs was not in his office late Friday, and he did not immediately return a call requesting comment.
The state, which filed its appeal with the nation's highest court last month, is expected to file rebuttal briefs.