Judd v. Drezga

142 I respectfully dissent. The majority opinion analyzes the plaintiffs constitutional claims under the wrong standard of review and reaches the wrong result. The plaintiff has challenged the statute in question as a violation of due process, equal protection, the remedies clause of Utah's "open courts" provision, the separation of powers doctrine, and the right to a jury trial. Despite the protection each of these rights receives in the Utah Constitution,1 and despite this court's clear precedent requiring a heightened standard of review in such challenges, the majority instead identifies a…