The Utah Supreme Court ruled Thursday that the GOP-controlled state legislature erred by essentially ignoring an independent redistricting commission created through a voter-approved ballot initiative and instead establishing its own House maps.
Utahns approved a ballot initiative in 2018 that established an independent redistricting commission that would offer a set of maps to the state legislature for consideration.
But the state legislature got rid of the process established by the 2018 ballot initiative and approved a set of the House’s own maps, which divided liberal Salt Lake County into four parts. Groups suing against maps created by the state legislatureargued in his filingthat “a map drawn according to neutral criteria would have divided it at most three times”.
While the House map remains in effect ahead of the November elections, the state Supreme Court sent it back to the district court, leaving questions about the fate of the state’s current congressional lines.
“Although the Legislature has the authority to amend or repeal statutes, it is well established that legislative action cannot infringe upon or unduly restrict the exercise of constitutional rights. Consequently, when Utahns exercise their right to reform the government through an initiative, it limits the Legislature’s authority to amend or repeal the initiative,” the court ruled in its decision.
“This does not mean that the Legislature cannot change a government reform initiative. On the contrary, legislative changes that facilitate or support reform, or at least do not undermine reform enacted by the people, would not implicate the people’s rights under the Amendment or Reform Clause,” the court explained.
“Legislative changes that undermine 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,” he added.
Mark Gaber, one of the Campaign Legal Center lawyers representing the plaintiffs in the case, celebrated the decision in a statement about X.
“VICTORY! The Utah Supreme Court reinstates our claim that the legislature violated the Utah Constitution when it repealed the initiative prohibiting partisan gerrymandering,” Gaberhe wrote. “It asserts that the people have the right to alter or reform their government.#fairmaps#Utah.”
Meanwhile, Senate President J. Stuart Adams (R) and House Speaker Mike Schultz (R) issued a statement arguing that the state Supreme Court opinion was an “inaccurate interpretation” of the state Constitution.
“Utah has been recognized as the best-run state in the country, with a strong spirit of collaboration known for resolving difficult issues for the state’s citizens. This is one of the worst results we have ever seen from the Utah Supreme Court. Instead of reaching an obvious answer, today the Court punished and made a new law on the power of initiative, creating chaos and reaching the heart of our republic”, said the two men in a statement.
“This decision will have profound and lasting consequences that could negatively impact the future of the state. It reflects the way states like California are governed – by big money and outside interest groups driving initiatives to change government and advance their own agendas,” they added.
This story originally appeared on thehill.com read the full story
