The Utah Supreme Court seemed to be grappling with the issue of the citizen’s right to initiative versus the legislature’s right to enact laws. After oral argument in a case alleging that the 2021 congressional district map was a partisan gerrymander, (see League of Women Voters of Utah v. Utah State Legislature) the question arose of whether the legislature had the right to repeal a statute with anti-gerrymandering provisions (Proposition 4) – which it did in 2020.
In October of last year, the trial court dismissed the claims regarding the Utah Legislature’s repeal of Proposition 4 but allowed the League’s remaining claims to proceed. Both parties to the litigation appealed to the Utah Supreme Court, which agreed to hear the claims.
After an oral argument on July 11, the court requested supplemental briefing on what level of scrutiny should apply if the court were to conclude that the people’s right to enact a citizen initiative such as Proposition 4 was a fundamental one. Supplemental briefs from all parties must be filed by July 31. View additional case documents in the Case Library. Watch the oral argument here.
For news, litigation documents, district maps, and more information about Utah Redistricting, visit the Utah Redistricting Almanac Page. The Almanac home page for all 50 states is here.
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