Utah lawmakers put new law in place prohibiting abortion after 18 weeks

“Someone texted me and said they thought that my law might be the law of land right now, and I was like, ‘No it’s been enjoined; it’s still not on the table,'” Acton explained. “And then I learned that it had been dismissed (from district court), so I was surprised.”

After receiving legal confirmation, she publicly announced that HB 136 was taking effect.

HB 136 restricts the state’s prior law of 22 weeks to 18, with six exceptions: rape, incest, life of the mother, permanent impairment of the mother, fatal fetal defect, and severe brain abnormality.

Acton said the severe brain abnormality exception was not included in prior law and is an additional exception.

Violation of the law can result in criminal felony charges.

University of Utah S.J. Quinney College of Law professor, Teneille Brown, who speaks for herself and not on behalf of her employer, called the situation a “legal mess.”

“It doesn’t help provide legitimacy for the courts as a rule of law when it looks like it’s volleying back and forth,” she said.

Brown expressed that the sudden changes in law add uncertainty to an already complicated and serious process for patients seeking care and for providers. She said providers and patients now need to keep track of things moment-by-moment, because what is legal one day may not be the next.

“This is a very difficult, personal decision, and so not knowing whether you are going to be able to have a procedure or not, whether it’s legal or not, whether your provider even knows whether it is legal or not — that’s very destabilizing for the rule of law,” she said.

She also hoped for clarification on how the law will be enforced.