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Utah Supreme Court says lawmakers overstepped the people with their redistricting

Attorney Taylor Meehan presents an argument for the state for a case challenging the state’s congressional districts before the Utah Supreme Court in Salt Lake City, Tuesday, July 11, 2023.
Leah Hogsten
/
The Salt Lake Tribune, pool
Attorney Taylor Meehan presents an argument for the state for a case challenging the state’s congressional districts before the Utah Supreme Court in Salt Lake City, Tuesday, July 11, 2023.

A year after hearing oral arguments, the Utah Supreme Court has finally ruled in the fight over redistricting.

In their July 11 opinion, the five justices ruled unanimously that the Legislature exceeded its authority when it altered a 2018 ballot initiative that created an independent redistricting commission and later drew its own political maps during the 2021 redistricting process.

"We hold that the people's right to alter or reform the government through an initiative is constitutionally protected from government infringement, including legislative amendment, repeal or replacement of the initiative in a manner that impairs the reform enacted by the people," wrote Justice Paige Petersen. "Thus, an alleged violation of the people's exercise of these rights presents a legally cognizable claim on which relief may be granted."

In simple terms, the ruling does not mean the maps will be redrawn. Instead, the lawsuit heads back to a lower court where the debate about the constitutionality of the maps will play out.

But it is a win for the plaintiffs.

The 2022 lawsuit made its way to Utah’s highest court after the League of Women Voters, Mormon Women for Ethical Government, along with several Utahns, sued the Legislature. They argued the Legislature acted unconstitutionally by ignoring the will of voters.

Utahns narrowly passed the Proposition 4 ballot initiative in 2018. It created an independent redistricting commission for the then-upcoming once-a-decade redistricting that followed the census. Lawmakers, however, maintained that they have constitutional authority to alter ballot initiatives and oversee the redistricting process. They passed what they called a “compromise” that still gave the Legislature final say over the maps and relegated the independent commission to an advisory role.

That meant they weren’t required to use one of the 12 maps drawn by the commission. Rather, lawmakers passed their maps, which sparked uproar during a public comment period.

The Legislature’s maps, the plaintiffs argued, not only disregarded Utahns’ wishes but were also gerrymandered. Under the current maps, the congressional districts are reliably Republican and split Salt Lake County — which has the state’s largest concentration of Democratic voters — into four pieces.

At a press conference at the Utah Capitol following the ruling, Malcolm and Victoria Reid, two of the plaintiffs, called the decision “a massive victory.” They live in Millcreek, one of the Salt Lake suburbs divided into four districts.

“In fact, I can walk to all four congressional districts from my home,” said Victoria. “And I have. It took me 45 minutes.”

They made it a point that they are a politically divided household – one is a Democrat and the other Republican – and they both oppose partisan gerrymandering. To them, the Legislature’s maps muffle the democratic process by “squeezing out” Democratic and moderate Republican voices.

The ruling was more than welcome to them because of what it meant for ballot initiatives.

“I've heard much about the Utah way since moving here,” Malcolm said. “As someone who cares about Utah, the way forward must enable all of Utah's people to have a voice.”

State Senate Democrats applauded the “landmark” decision because it “underscores the fundamental principle that the power to alter or reform our government is inherent in the people of Utah and must be safeguarded against undue legislative interference,” the statement read. “The court's opinion clearly limits the Legislature's ability to repeal and replace initiatives that embody the will of the people, ensuring that government reforms enacted through citizen initiatives cannot be undone without a compelling justification.”

Legislative leaders of the Republican majority, however, were forceful in their disagreement with the court.

Senate President Stuart Adams and Speaker of the House Mike Schultz called the ruling “one of the worst outcomes we’ve ever seen from the Utah Supreme Court” in a joint statement. Going further, they claimed it “mirrors how states like California are governed — by big money and outside interest groups that run initiatives to alter the government and push their own agendas.”

“Rather than reaching the self-evident answer, today the Court punted and made a new law about the initiative power, creating chaos and striking at the very heart of our republic,” they said. “This decision strips away the ability of state, county, and municipal authorities to enact policies and expose them to prolonged legal battles. As the litigation continues in the lower court, we believe the Utah Constitution’s text shows that the Legislature should ultimately prevail.”

Even though the outcome was not in the state’s favor, justices did clarify it still has some authority to amend ballot initiatives.

“Legislative changes that facilitate or support the reform, or at least do not impair the reform enacted by the people, would not implicate the people’s rights under the Alter or Reform Clause,” Petersen wrote. “Legislative changes that do impair the reforms enacted by the people could also survive a constitutional challenge, if the Legislature shows that they were narrowly tailored to advance a compelling government interest.”

Gov. Spencer Cox struck a more neutral tone than Adams or Schultz. While he disagrees with “the Court’s analysis and determinations,” Cox’s statement said he respects “the role of the Court in our system of government.”

“Ultimately, what matters is that we craft policy that keeps Utah the #1 state in the nation to work, live, and raise a family. We look forward to continuing Utah’s pattern of careful and deliberate policymaking with the best interests of Utahns as the top priority.”

The case now goes back to the district court.

Sean is KUER’s politics reporter.
Saige is a politics reporter and co-host of KUER's State Street politics podcast
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