GOP Seizes Utah Supreme Court

Utah Republicans seize control of the state Supreme Court just as a key redistricting appeal threatens GOP maps, empowering Gov. Cox to appoint a majority amid Democratic gains.

Story Highlights

• Gov. Spencer Cox signs S.B. 134, expanding Utah Supreme Court from 5 to 7 justices with immediate effect.
• Bill passes with GOP supermajorities (Senate 21-8, House 57-18), allowing Cox to appoint 5 of 7 justices.
• Timing coincides with legislature’s appeal of Democrat-favorable redistricting ruling challenging GOP congressional maps.
• Republicans cite population boom from 1.7M to 3.6M and caseload growth; court opposes, reporting no backlog.
• First such expansion since Arizona 2016, following legislature stripping court’s chief justice selection power.

Bill Passage and Immediate Impact

Sen. Chris Wilson introduced S.B. 134 on January 23, 2026, arguing Utah’s population doubled to 3.6 million since the Court of Appeals creation, driving appellate caseload increases. The Senate passed it 21-8 on Monday, the House 57-18 on Friday, and Gov. Cox signed it Saturday, effective immediately due to supermajority support. This allows prompt appointments of two new justices plus recent vacancies, positioning Cox to select five of seven total justices.

GOP Rationale Meets Court Resistance

House Majority Leader Casey Snider advocated for “seven sets of eyes” on complex cases, while Sen. Todd Weiler noted discussing the idea publicly for three years to prepare for projected growth to 5-6 million residents. Chief Justice Matthew Durrant testified early in the session that the Supreme Court has no backlog and urged lower court expansions instead. Retired Justice John Pearce called the move counterproductive, predicting slower deliberations from reconciling more opinions.

Redistricting Battle Drives Suspicion

The expansion follows a recent lower court ruling favoring Democrats, challenging Republican-drawn congressional maps and opening a U.S. House seat opportunity for the minority party. Last week, the GOP legislature appealed to the Supreme Court seeking reversal. Critics, including Democrats, the Utah State Bar, and legal experts, flag the suspicious timing as court-packing that threatens judicial independence, especially after last month’s law shifting chief justice selection to the governor.

Precedents and Broader Reforms

This marks the first U.S. state Supreme Court expansion since Arizona in 2016, where output slowed initially before slight gains; Georgia saw minor decreases. The bill also adds two Court of Appeals judges and one each to three district courts. Republicans pursue a gerrymandering ballot initiative for November and propose a new trial court for constitutional challenges to limit injunctions against state laws, strengthening legislative oversight in Utah’s deep-red landscape.

GOP leaders deny political motives, emphasizing efficiency for a growing state aligned with peer courts of five or seven justices. This bolsters conservative control, countering judicial blocks on policy priorities like fair representation, while Democrats warn of eroded trust and dangerous precedents in a system prioritizing individual liberty and limited government interference.

Sources:

Utah Governor Signs Bill Adding Justices to State Supreme Court as Redistricting Appeal Looms

Utah legislature votes to add two justices to Utah Supreme Court

Utah legislature votes to add two justices to Utah Supreme Court

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Package of bills would remake Utah’s judicial system