Utah Expands Its Supreme Court

Gov. Spencer Cox signed a bill Saturday that expands Utah's Supreme Court from five justices to seven as frustration has mounted among Republican lawmakers over a string of defeats before the tribunal. Advocates for the change argued that it will improve the court's efficiency; legal experts said it could have the opposite effect and set a dangerous precedent at a time of tension between the branches of government. The state's judiciary did not ask for more justices on the court, the AP reports.

Democrats, who were united in opposition to the bill, called the timing suspicious. The Legislature has been preparing an appeal of a ruling that gave Democrats a strong shot at picking up 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. Because the bill received approval from more than two-thirds of legislators, it took effect when the governor signed it, allowing him to bypass a several-month waiting period to start adding justices. In Utah, justices are appointed by the governor and approved by the state Senate. Justices in many other states are elected. The Utah State Bar backs adding appeals and district judges but not more Supreme Court justices, per KSL.

Most states have five or seven Supreme Court justices, but a few have nine. Cox, a Republican, has said the additions put Utah in line with other states of its size. He has denied that the policy is politically motivated, noting that Republican governors and senators have made all recent appointments. Once he fills the new seats, Cox will have appointed five of the seven sitting justices. Last month, GOP lawmakers took authority from state Supreme Court justices to select their own chief justice and gave that power to the governor. "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," said House Majority Leader Casey Snider, a Republican sponsor of the bill.