Bill > SB0204

This bill amends Utah state law to establish a specific right to appeal injunctive orders that challenge the constitutionality of a state law. The bill defines key terms such as "injunctive order" (which includes temporary restraining orders, preliminary injunctions, and permanent injunctions) and "state law" (encompassing state statutes, constitutional provisions, and legislative actions). Under the new provisions, a defendant in a civil action has the right to appeal a trial court's decision regarding an injunctive order if the underlying claim argues that a state law is unconstitutional on its face. When such an appeal is made, the Supreme Court will review the trial court's decision and assess the substantial likelihood of the plaintiff prevailing on the constitutional challenge. Notably, if a governmental entity brings such an appeal, they will not be required to post a bond. The bill also modifies the jurisdictional sections of the Supreme Court and Court of Appeals to explicitly include and exclude, respectively, appeals of injunctive orders as described in the new section. The provisions of this bill will take effect on May 7, 2025, and will apply to actions pending in Utah courts on or after that date.

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https://le.utah.gov/~2025/bills/static/SB0204.html