Petition to Stop Removal to 3-judge Panel

Over the last couple of days, the Legislature filed a notice in the district court invoking the new three-judge court rule and requesting transfer of the case, and we filed a motion requesting that the transfer be blocked while the constitutionality of the new law is addressed. Today Judge Gibson issued an order stating that she has no jurisdiction to entertain any motions because of the new law. This was an expected outcome. 

We have filed a "motion for extraordinary relief" at the Utah Supreme Court asking the Court to enjoin transfer of the case from Judge Gibson to the three-judge court and to declare the new law unconstitutional. We also filed a motion to expedite consideration, and a motion to stay the transfer of the case while the Supreme Court decides the issue. 

Litigants in a couple of other high-profile cases where the Legislature has also filed a notice to transfer to the new three-judge court have filed similar motions at the Utah Supreme Court. We expect the Court to quickly take up the issue and will keep you up-to-date as that happens.