Democrats decry Utah Supreme Court expansion
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Brendan Lynch/Axios
Senate Democrats are pushing back against two Utah Supreme Court confirmations, arguing the appointments are aimed at politicizing the state's highest court.
Why it matters: Changes to the judiciary follow several Utah Supreme Court decisions, particularly on redistricting and abortion, that left Republicans furious.
Catch up quick: Gov. Spencer Cox signed a highly contested bill this year expanding the Utah Supreme Court from five justices to seven.
- Another state law signed last year gives the governor the power to select the chief justice, a decision previously made by the justices.
Driving the news: Cox nominated Jay Jorgensen, senior counsel for the Church of Jesus Christ of Latter-day Saints, and Stephen Dent, an assistant U.S. attorney, to fill the newly created seats earlier this month. The Senate confirmed them last Wednesday.
- Neither have ever been judges, which Republicans say is not unprecedented in the state or U.S. supreme courts.
What they're saying: "We do not believe it is a coincidence that these appointments are being made as the Supreme Court prepares to hear major cases involving redistricting, reproductive rights, and other fundamental civil rights," Senate Democrats said in a statement Wednesday.
Zoom in: Democrats are also questioning whether Jorgensen meets the residency requirements.
- The Utah Constitution says justices must be state residents for five years prior to their appointments.
- Jorgensen lived in Chile while serving a church mission from 2022 to 2025, telling state lawmakers Wednesday that he did not permanently reside there and always intended to return, per Utah News Dispatch.
- His employment with the church has also raised eyebrows, given the institution's immense influence in the state.
What's next: Cox is poised to appoint two additional justices to the high court this year, following Chief Justice Matthew Durrant and Justice Diana Hagen's resignations.
- Durrant is retiring in August.
- Hagen resigned last month after Cox, Senate President Stuart Adams and House Speaker Mike Schultz called for an independent investigation into allegations that she had a conflict of interest in the redistricting case.
- A judicial commission previously looked into the complaint and found it lacked credibility, per the Salt Lake Tribune.
The bottom line: By year's end, six of the seven justices on the bench will have been chosen by Cox.
What we're watching: Republican leaders have vowed to continue fighting a state judge's ruling last year that created a Democratic-leaning congressional district.
- If new litigation arises, it could land in front of the new Utah Supreme Court.