A judge granted the Utah Legislature a way to immediately appeal part of the state’s redistricting case, clearing a path for a potential Utah Supreme Court review.
Lawmakers are getting some of what they had asked for, but the Dec. 26 ruling also repeatedly criticized months of inaction. Third District Court Judge Dianna Gibson said the Legislature could have appealed this case directly to the Supreme Court following either her August or November rulings. Lawmakers have not explained, however, why they did not.
“With election deadlines imminent, the Legislative Defendants repeatedly stated they intended to appeal but then intentionally elected not to utilize the more appropriate appellate tools available to them,” Gibson wrote in her ruling.
Now, Gibson wrote, they are seeking another appeal avenue that she called “imperfect.”
The ongoing legal saga reached a crescendo this year as Gibson ruled against lawmakers, including a Nov. 10 decision in which the judge selected congressional boundaries for the 2026 midterm elections. That map creates one Democratic-leaning district and three Republican districts. GOP lawmakers have been furious.
In early December, the Legislature asked for a “final judgment,” effectively asking Gibson to close the Third District case entirely. Their attorneys said there’s nothing left for the plaintiffs to ask for. Failing such a decision, the Legislature asked her to finalize part of the case. They argued they needed one of these judgments completed to appeal.
In her Friday ruling, Gibson rejected closing the entire case. She said there are 21 claims, and none of them are final; some haven’t even been adjudicated.
But Gibson said she will finalize her August ruling, allowing it to be sent for appellate review.
That threw out the state’s existing congressional map, sending lawmakers back to the drawing board. It also reinstated Proposition 4, a citizen ballot initiative that banned partisan gerrymandering and created an independent commission to draw maps. The Legislature’s law that significantly altered Prop 4 was also enjoined. Gibson reasoned that with those specific issues of the case, the constitutionality of the Legislature’s 2021 map and lawmakers repealing Prop 4, there’s nothing more to be done in her courtroom.
The judge made it clear this wasn’t an easy decision and noted the uniqueness of the case.
“Most cases before district courts involve private parties and private transactions. Redistricting cases are the exact opposite,” Gibson wrote. “Every Utah voter, every Utah congressional candidate and arguably every Utah citizen is impacted by this case.”
A final ruling on a specific portion of the case was in the public’s best interest, she said. Since the Legislature hasn’t taken action to appeal and missed deadlines for other appeal avenues, Gibson said that if she didn’t certify August’s ruling, “any appellate review will have to wait until the end of the case, which could be months to years away.”
“Until there is a final decision on these legal issues from our Supreme Court, there will be a cloud on Utah's congressional elections and an open question regarding the power of the Legislature and the power of the people,” Gibson wrote. “The Utah Supreme Court can decide now if the Legislature is the sole and exclusive authority over redistricting in Utah or if it shares that responsibility with the people. It can decide if the people of Utah, through the exercise of their right to alter or reform government through a citizen initiative, can also pass binding laws regarding how the Legislature performs its redistricting duty.”
Gibson said the case should be reviewed by Utah’s highest court as soon as possible to put these important legal questions to rest. Ultimately, it would be up to the state Supreme Court to decide whether this appeal is appropriate and whether justices will take it up.
The high court has previously ruled against lawmakers in this case. In 2024, they said the Legislature had overstepped its authority and impaired Utahns’ right to alter and reform their government.
Lawmakers have repeatedly said their goal is to get a new map in place in time for the 2026 midterms. Utah’s redistricting fight began at the state level years ago and unwittingly landed in the middle of a national redistricting fight. Earlier this year, President Donald Trump called for Republican-led states to redraw maps ahead of 2026 to help the party win more seats.
KUER political reporter Hugo Rikard-Bell contributed to this report.
