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Supreme Court appeal route proposed for facial challenges; committee advances bill to the floor

2405845 · February 26, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Senate Bill 204 would create an express right to appeal to the Utah Supreme Court when a court issues an injunction preventing a statute from taking effect on the ground that the statute is facially unconstitutional. Sponsor Senator Brammer said the route accelerates resolution of pure legal questions and avoids indefinite injunctions; the Utah

Senator Brammer presented Senate Bill 204, which would provide an express appellate path to the Utah Supreme Court when a district court grants a preliminary injunction that prevents a statute or legislative action from taking effect on the ground the statute is facially unconstitutional.

Brammer said the bill focuses on facial challenges — disputes about whether a statute is unconstitutional on its face rather than as applied in a particular…

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