Coincidentally, days after discussing this case and whether or not the Courts would agree to hear it due to its lack of ripeness, an article appeared in the newspaper.
The family brought suit against The State AG and Governor, as well as the Utah County Prosecutor. The matter was brought before the court on ripeness issues, since they were challenging the constitutionality of a Utah law under which they had not been prosecuted, nor had they even been charged.
The U.S. District Judge decided that the State Governor and AG will be removed as parties to the proceedings because they have a policy of not prosecuting adult polygamists and had not made any effort to do so against the Brown family.
On the other hand, even though Utah County prosecutors had not charged or brought court proceedings against the Browns, they had held press conferences confirming their intent to do so and had begun investigations into the family. This was thought to be enough to make the matter ripe for the courts to consider the matter.