Utah Gov. Spencer Cox signed a bill expanding the state Supreme Court to 7 justices as a redistricting appeal looms.
Utah’s Republican Governor Spencer Cox signed a bill Saturday expanding the state Supreme Court from five justices to seven, a move that takes effect immediately as Republican lawmakers await a crucial redistricting ruling.
The legislation passed with more than two-thirds support from legislators, allowing Cox to bypass the typical several-month waiting period and begin appointing new justices right away.
The timing has drawn scrutiny, coming just days after the Legislature asked the court to overturn a redistricting ruling that gave Democrats a strong chance at winning one of Utah’s four Republican-held congressional seats in the fall. New justices could be in place when the court decides the fate of the congressional map.
Why It Matters
The expansion gives Cox—who will appoint the two new justices—control over five of the seven seats on Utah’s highest court. The change comes amid mounting tension between Republican lawmakers and the state judiciary following a series of legal defeats, raising concerns among legal experts and Democrats about the independence of the judicial branch.
Utah’s redistricting battle is part of a broader national trend of mid-decade redistricting efforts that could reshape control of Congress. President Donald Trump has called for Republican-led states to redraw congressional boundaries ahead of the 2026 midterm elections to preserve the GOP’s slim majority, triggering redistricting efforts in multiple states. Democrats, who need to gain three seats to win back the House, are countering with their own redistricting efforts in Democrat-led states.
In Utah, a judge struck down the districts adopted after the 2020 census because lawmakers had circumvented an independent redistricting commission established by voters.
The Legislature approved a revised congressional map in October, which still requires court approval and could make some seats more competitive for Democrats. Republicans currently hold all four of Utah’s House seats.
What To Know
Republican supporters of the bill argued the expansion would improve court efficiency and align Utah with other similarly sized states. Most states have five or seven Supreme Court justices, though a few have nine. Cox has denied the policy is politically motivated, noting that Republican governors and senators have made all recent appointments.
In Utah, justices are appointed by the governor and approved by the state Senate, unlike many states where justices are elected. The immediate implementation of the bill means Cox can fill the new seats before the court rules on the redistricting appeal, potentially reshaping the court’s composition at a critical moment.
Last month, Republican lawmakers also stripped state Supreme Court justices of their authority to select their own chief justice, giving that power to the governor instead. The moves are part of a broader Republican agenda that includes collecting signatures for a November ballot initiative to restore the Legislature’s ability to gerrymander voting districts.
Utah Chief Justice Matthew Durrant told legislators at the start of the 2026 session that the court had “essentially no backlog” and urged them to add judges to lower courts where the need is greater. Bill sponsors responded by adding some lower court judges and clerks to the legislation.
Two states—Arizona and Georgia—have added justices in the past decade with similar efficiency arguments. In Arizona’s case, several past and present justices said the expansion initially made things less efficient because more people had to review opinions before publication. Arizona’s court now issues slightly more rulings per year, while Georgia’s issues slightly fewer than before.
What People Are Saying
House Majority Leader Casey Snider, Republican bill sponsor: “Seven sets of eyes reviewing the most complex and difficult issues our state has ever faced is better than having only five sets of eyes.”
John Pearce, recently retired associate chief justice: “The more sets of comments you have to take into account, the longer the process takes. If what the Legislature is hoping to do is speed up the work of the court, it’s going to be counterproductive.”
What Happens Next
Cox will begin the process of appointing two new justices to the expanded court, with Senate approval required for each nominee.
Reporting from the Associated Press contributed to this article.
Source: Utah News