(Design by Mary Allen | The Daily Utah Chronicle)
On Aug. 25, Utah State Judge Dianna Gibson ordered the Utah Legislature to redraw Utah’s congressional districts, ruling that the maps violated the voter-backed Better Boundaries Initiative that passed in 2018.
The case was originally sent back to Judge Gibson to determine whether the ruling met the legal standard for replacing a voter-approved ballot initiative. She upheld her decision, sparking significant backlash across the state.
Criticisms and concerns
Utah State Senator Daniel McCay called Gibson’s decision “biased.” “I’m not sure how months of analysis produced an opinion so biased absent a predetermined outcome,” McCay said on X. “I’ve never missed Tom Lee as the voice of original intent and plain meaning more than I do now.”
But University of Utah political science professor Matthew Burbank said labeling Gibson an “activist judge” — a term used to describe judges who make decisions based on their personal opinions — is misleading given Utah’s selective judicial appointment process. “[The decision] is not a sign of an activist judge,” Burbank said. “That’s the sign of a judge essentially saying, well based on the law in front of me, here’s the decision I have made. To call her an activist at this point is really just political pandering,” Burbank said.
In Utah, judges are selected through a step-by-step, merit-based process. The Judicial Nominating Commission chooses applicants based on their qualifications, then sends the nominations to the governor. After the governor selects one of the commission’s nominees to fill the vacancy, his decision must be confirmed by majority in the State Senate. “Not only did she become a judge through the regular process: she applied, [was] selected by the governor, approved by the Senate — all of which are controlled by Republicans and all of whom are not going to pick someone who’s an activist,” Burbank said.
Deviations from the norm
Pushback also stems from the timing of the decision. Congressional maps are typically drawn every decade following the U.S. Census. Utah’s current maps, signed into law by Utah Governor Spencer Cox in 2021, would not normally be revised until 2031.
In Judge Gibson’s ruling, she said, “Utah has an opportunity to be different.” Burbank explained this as an effort to pursue more bipartisan districts. “We’re redistricting based upon the fact that we’ve changed our understanding of what the Utah Constitution is saying, and if we go back to what the ballot initiative said, then very likely we’ll get new maps that will work with what the public weighed in,” he said.
What comes next?
Although Gibson initially found that the Legislature had followed the standard process, Utah organizations, including the League of Women Voters and the Mormon Women for Ethical Government, appealed the judge’s decision to the Utah State Supreme Court. Despite the lawsuit, Judge Gibson ordered new maps to be drawn by November 2025 to start preparing for the 2026 midterm elections.
Burbank explained how this could especially affect smaller regions in Utah, where limited resources make redrawing boundaries more difficult. “In terms of actually redrawing the maps, it’s not that big of a deal, but it does have an impact on counties because counties are what run the elections,” Burbank said. “If counties suddenly are in different congressional districts, that often means they have to redraw the precincts and that process takes time.”
Political science professor Juliet Carlisle said the dispute highlights the U.S. system of checks and balances. “This is a living example of democracy in action,” Carlisle said. “Citizens voted, legislators pushed back and now the courts are weighing in.”
Carlisle urged students to pay attention to the process. “The lesson for young people is that your vote doesn’t end on election day,” she said.
About the Contributors
(she/her) Teanna is a sophomore studying history teaching. She is from West Jordan, Utah and has been working for The Chronicle since last spring. In her free time, you can find Teanna with her nose in a book or in the mountains. She has also worked for Utah Bride and Groom Magazine.
(she/her) Mary has been working in design and photography with the Chronicle since fall 2022. Currently pursuing a B.F.A. in graphic design, she is a passionate storyteller who loves the opportunity she has to explore her skills here at the University of Utah. When she’s not designing, she’s likely outside or looking for a good album to listen to — maybe both.
