Changes in Utah’s Political Landscape

A judge in Utah has shifted a traditionally secure Republican House seat toward becoming a likely Democratic seat. This happened in a state that’s largely Republican-controlled. How did this occur? Over the years, a generation of Republicans, perhaps feeling comfortable in power, allowed control of the judiciary to slip into the hands of liberals. This, in turn, has enabled Democrats to conquer states step by step.

In places where Democrats struggle to win statewide elections, they’ve adapted by turning voting initiatives into strategic tools. Pollsters often share reassuring messages, while activists rally support, and many voters, perhaps unknowingly, endorse policies that tilt power toward the Democratic side.

States that hold a supermajority can serve as examples. The issue isn’t merely that Republicans have power—it’s that they refuse to effectively wield it.

One key tactic has been the “bipartisan redistricting commission.” These commissions consistently pledge fairness but seem to yield more Democratic advantages with every cycle.

Utah exemplified this dynamic in 2018 when 66% of voters backed Proposition 4, despite a general reluctance among Utahns to have Democrats lead the state. Similar strategies have led to Medicaid expansion and marijuana legalization. These measures likely wouldn’t have passed in Congress, yet when presented directly to voters, they gained traction.

James Madison cautioned against a pure democracy for this reason. Republics, according to him, derive authority from the wider populace. Yet, vote control committees twist this idea, enabling unelected individuals to regain power.

Judicial Influence

Following the 2020 Census, Utah’s Legislature gained an additional Republican congressional seat as outlined by the state constitution. However, Democrats, with allies in the League of Women Voters, challenged the congressional map, pushing to create Democratic-leaning districts in Salt Lake City.

In August, Judge Deanna Gibson ruled in favor of the Democrats. She deemed the congressional map unconstitutional, claiming it disregarded Proposition 4, despite the Constitution clearly stating that redistricting is a congressional power. She mandated a new mapping process for the 2026 elections and asked both parties to present their maps.

In response, the Republican-majority Legislature suggested a compromise. They passed SB 1011, which aimed to impose a “partisan fairness” requirement on future redistricting to prevent a lasting Democratic advantage.

Judge Gibson, however, dismissed this. On November 10, she annulled the legislative map, disregarded SB 1011, and chose a map from the very activist group contesting the state—essentially the architects of Proposition 4.

Potential Constitutional Violations

There’s no basis in the Utah Constitution for Judge Gibson’s actions. Article 9, Section 1 states that Congress, not an activist committee or a judge, is responsible for dividing the state into congressional districts.

Still, Lt. Gov. Deirdre Henderson certified Gibson’s map, despite state law stipulating that only legal maps should be validated. This incident highlights a recurring trend: numerous Utah Republicans seem to consider constitutional breaches as mere minor issues, often conceding to Democrats who don’t reciprocate.

Democrats have backed Gibson’s interpretation, noting a 2015 case where Justice Ruth Bader Ginsburg broadened the definition of “Congress” to encompass ballot initiatives. Even if we entertain this interpretation, Utah’s constitution is lucid—only Congress has the authority to draw district maps.

Possibility of Impeachment?

At the federal level, impeachment has become largely symbolic. With the Senate’s current dynamics, a conviction appears nearly unattainable. However, red states like Utah, where the Republican majority stands strong, don’t face such hurdles.

The Utah Legislature boasts a 61-14 majority in the House and a 22-6 majority in the Senate. Congressman Trevor Lee has suggested impeaching Judge Gibson and Lt. Gov. Henderson for breaching the state constitution. With sufficient votes backing such a move, Republicans have a responsibility to counteract judicial overreach.

Other states have shown that bold actions are possible. In 2018, West Virginia successfully impeached and removed all five Supreme Court justices over corruption scandals. Red states like Oklahoma, Montana, Missouri, and South Carolina face similar challenges due to liberal judges supported by hesitant Republican leaders.

A Cautionary Tale

Utah illustrates a point that many conservatives may not want to accept. Republicans in Washington argue they can’t implement party policies due to a lack of power. Yet in Utah, they possess the power, yet choose not to act. They permit committees to operate unchecked, courts to undermine their authority, and allow Democrats to gain ground they wouldn’t have won through elections.

Supermajority states like Utah serve as cautionary examples. The problem isn’t a lack of power; it’s the refusal by Republicans to utilize it.

If Republicans don’t act on their convictions, Utah could find itself on a trajectory similar to Colorado’s. There, Democrats gradually chipped away at state agencies while Republicans stood idle, resulting in Colorado now being a Democratic stronghold.

Unless Utah Republicans harness their available constitutional resources, they risk following the same downward path.