League of Women Voters of Utah v. Utah State Legislature
Plaintiffs claimed that congressional map is a partisan gerrymander in violation of state constitution. The suit alleged that the map intentionally dilutes the voting power of non-Republican voters by splitting Salt Lake County among each of the state’s four congressional districts. On October 24, 2022, a trial court declined to dismiss the plaintiffs’ partisan gerrymandering claims.
Utah Supreme Court sent case back to lower court to consider whether the legislature improperly infringed citizens’ lawmaking power when it overturned redistricting reforms passed by initiative. Voters’ rights to “reform and alter” the law is a fundamental right.
Note: The Brennan Center for Justice, which maintains State Court Report, filed an amicus brief in this case.
Related Commentary
What Does Popular Sovereignty Really Mean?
Two new essays unpack recent state supreme court cases about the relationship between direct democracy and the power of state legislatures.
Multiple High Courts Uphold Voters’ Right to Use Ballot Measures to Change Law
Decisions in California, Michigan, and Utah could serve as models for courts in other states facing power struggles between legislatures and proponents of voter-approved ballot initiatives.
State Court Oral Arguments to Watch for in September
Issues on the dockets include climate change, redistricting, and lawsuits by victims of child sexual abuse.
Direct Democracy Under Attack
Courts in Utah and Michigan recently blocked legislative assaults on the ballot initiative process.