ABC 4 · Sorina Trauntvein · September 9, 2026
SALT LAKE CITY (ABC4) -- A Utah Supreme Court Justice has recused himself from a case brought by the Planned Parenthood Association of Utah against Utah for its new three-judge panel system.
According to a notice filed on Sept. 3, Justice John J. Nielsen has recused himself from a Utah Supreme Court case that was filed earlier this year, arguing that Utah's new three-judge panel for proceedings involving state lawmakers is unconstitutional.
"The duty to sit and render judgment on a case and the duty to recuse from a case both reflect
important values, including judicial independence and public confidence in the judiciary. Sometimes those duties come into tension and create difficult questions. This is one of those cases," the filing reads.
It notes that while Nielsen believes there are "strong reasons supporting the duty to sit" on the case, he concluded that his duty to recuse is "stronger."
Another judge will be invited to take his place on the case, the filing states. The next court date is set for Oct. 5, which will be an oral argument hearing beginning at 9 a.m.
"The rules about recusals are objective and clear - a judge should recuse when their impartiality might be reasonably questioned. We appreciate Judge Nielsen for recusing in our case," Shireen Ghorbani, President & CEO of the Planned Parenthood Association of Utah, said in a statement shared with ABC4.com.
More about the case and Nielsen's role
In February, the Planned Parenthood Association of Utah (PPAU) filed an emergency petition for extraordinary relief with the Utah Supreme Court. They claimed that the state was trying to transfer its challenge to the near-total abortion ban to an "unconstitutional three-judge panel."
The "near-total abortion ban" brought by Senate Bill 174 was initially passed in 2020, but has been blocked by court order since June 2022. Currently, abortion is legal up to 18 weeks in the Beehive State.
In February 2026, two new laws -- House Bill 392 and Senate Joint Resolution 5 -- amended court proceedings so that Utah can move civil cases in which it is a party to a three-judge panel.
PPAU filed its emergency petition, naming the State of Utah, Governor Spencer Cox, Mark B. Steinagel, and the Honorable Charles Stormont, challenging the three-judge panel changes.
Prior to Nielsen's appointment to the Utah Supreme Court in October 2025, he worked as an Assistant Solicitor General, served as a judge on Utah's Third District Court, and taught appellate practice at Brigham Young University and the University of Utah law schools.
While in private practice, he advocated on the state's side in Utah's near-total abortion ban and the current redistricting case via amicus briefs with his former law firm partner, Tom Lee, the brother of U.S. Senator Mike Lee.
During a hearing before his appointment, Nielsen stated that he would follow the "established rules for recusal" when asked whether he would recuse himself from the litigation involving abortion.
Earlier this year, PPAU sought to disqualify him from the case, but he remained in place until his recusal last week.