Citizen Portal
Sign In

Get Full Government Meeting Transcripts, Videos, & Alerts Forever!

Utah Senate advances resolution to remove second prong for injunctions after extended debate

Utah Senate · February 1, 2023
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 moves House Joint Resolution 2 to third reading after floor debate about removing Utah’s second-prong test for preliminary injunctions; proponents say it aligns state practice with federal courts, opponents warn of relitigation and retroactivity for existing injunctions.

Senator McKay moved the first substitute of House Joint Resolution 2 to third reading, proposing to eliminate Utah’s second-prong test for preliminary injunctions — the language that allows courts to issue temporary injunctions on the basis of a “substantial legal issue” even if the applicant is not shown substantially likely to win on the merits. McKay said the change brings Utah rule 65A into alignment with the federal standard and most other jurisdictions.

The proposal drew extended floor debate. Senator Weiler, who said he…

Already have an account? Log in

Subscribe to keep reading

Unlock the rest of this article — and every article on Citizen Portal.

  • Unlimited articles
  • AI-powered breakdowns of topics, speakers, decisions, and budgets
  • Instant alerts when your location has a new meeting
  • Follow topics and more locations
  • 1,000 AI Insights / month, plus AI Chat
30-day money-back on paid plans