Constitutional Defense and Special Litigation (CDSL) defends lawsuits that challenge the constitutionality of state law. Under the director of the Solicitor General, CDSL leads on complex cases that shape Utah’s legal landscape. Through proactive work with legislators and agencies, CDSL reduces legal risk while ensuring the state can meet its policy goals.
Between successfully defending Utah’s ban on flavored vapes to leading the charge to protect the state’s bail reform procedures, CDSL vigorously advocates for the state. Currently, the team is leading the charge to ensure that Utah’s elected officials, not courts or special interest groups, retain the authority to carefully manage the state’s natural resources, including the Great Salt Lake.
With precision, dedication, and resolve, our team defends the constitutional foundations of Utah government and interests of its people.
cases defended during the reporting period
agency and county consulting
legislative bill consultation
U.S. Supreme Court victory
Our team has mounted a powerful defense of S.B. 69 after the law was challenged by major pharmaceutical companies. Our work protects expanded access to discounted medications for rural hospitals and clinics, making health care more accessible and affordable for rural Utah families.
CDSL successfully defended Utah’s bail reform procedures. A group of plaintiffs filed a lawsuit claiming that Utah’s bail reform law was unconstitutional. Due to the team’s efforts, the judge dismissed the case.
Our CDSL team went head-to-head with the Southern Utah Wilderness Alliance in court and came out on top. SUWA sued Utah to block the state from asking the U.S. Supreme Court if the federal government can indefinitely hold onto public lands without having a purpose for those lands. The judge dismissed their case, handing Utah another victory.
CDSL defended S.B. 199, a law that creates an easier path for caregivers of adults with severe disabilities to obtain guardianship rights. Judges and individuals involved in these proceedings have told us how much easier and more efficient this law has made the process to obtain guardianship.
Utah secured a major victory before the U.S. Supreme Court this year in an ongoing case challenging the Biden-era Environmental Protection Agency’s overreach.
In Oklahoma v. EPA, the court ruled 8-0 in our favor and agreed with our argument that local courts should hear cases about local issues under the Clean Air Act. Our Solicitor General Stanford Purser and Assistant Attorney General Marina Thomas were instrumental parts of the winning legal team.
Utah is proud to have played a leading role in securing this important victory and looks forward to resolving the underlying issue.
