Remade state Supreme Court looks less like Utah than ever
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Two state Supreme Court justices were confirmed this week, bringing the body to seven members for the first time — and its makeup doesn't reflect the state's increasingly diverse population.
Why it matters: State high courts shape major decisions on voting, abortion, civil rights and criminal justice, yet their benches often don't mirror the communities they serve, Axios' Brad Jennings reports.
Case in point: All seven justices are white, compared with about 73% of Utahns who identify as non-Hispanic white, per census data.
- Five are men, a reversal from 2022, when the Utah Supreme Court welcomed its first female majority.
Driving the news: The Utah Senate on Wednesday confirmed Gov. Spencer Cox's nominees, 5th District Judge Matthew Bell and attorney Michael Menssen, to fill two vacancies on the court.
- During confirmation proceedings, each said they would not hesitate to rule against state lawmakers, the Salt Lake Tribune reported.
- The governor has pushed back on criticism about his recent picks all being men, saying that he wished more women applied for the positions, Utah News Dispatch reported.
Catch up quick: The vacancies follow Chief Justice Matthew Durrant's retirement and Justice Diana Hagen's resignation after she faced allegations of an affair with an attorney representing anti-gerrymandering advocates in the state's high-profile redistricting battle.
- The Judicial Conduct Commission found insufficient evidence to support the allegations and dismissed the complaint. Hagen has also denied the claims.
Yes, but: That didn't stop Cox and GOP legislative leaders from calling for an independent investigation into the allegations, prompting Hagen to step down.
Context: Critics say the new state law expanding the Utah Supreme Court from five to seven justices was politically motivated after rulings on abortion and redistricting that Republican leaders opposed.
Zoom out: Two other Cox appointees, Stephen Dent and Jay Jorgensen, were confirmed in June to fill the court's newly created seats.
- Their nominations received heavy criticism from Democrats, because neither Dent nor Jorgensen had any prior experience as judges.
- All but one current justice — Paige Petersen — was appointed by Cox.
What's next: Cox will pick the high court's next chief justice under a different state law passed last year.
- The chief justice was previously chosen among the justices.