Legislature files emergency stay with Utah Supreme Court in redistricting case

SALT LAKE CITY (ABC4) — The Utah State Legislature asked the Utah Supreme Court for an emergency halt of the ruling that orders them to draw new congressional maps by September 25.

That ruling came from the Third District Court, which said that the legislature wasn’t justified in overturning Proposition 4, a citizen ballot measure that created an anti-gerrymandering commission and guidelines. It also ruled that Prop 4 now governed the new redistricting process.

The judge’s ruling required the legislature to draw those new congressional maps within 30 days, follow the anti-gerrymandering criteria of Proposition 4, and make the maps public for 10 days before a vote on them.

However, in the filing, the legislature argues that Judge Gibson’s remedy only enforced “parts” of Prop 4. Specifically, the legislature contends that Prop 4 created an independent redistricting commission, required the legislature to vote yes or no on its proposed maps, and required that they explain why if they were to vote them down. Judge Gibson’s remedy, the legislature argues, “picks and chooses” which provisions of Prop 4 govern the new maps.

“The district court’s pick-and-choose remedial prescriptions are inconsistent with its merits conclusions that Proposition 4 is the law that the Legislature must follow when redistricting,” the filing states.

“(The lower) court abused its discretion in crafting a remedy that itself violates Proposition 4—all to achieve Plaintiffs’ goal of running the 2026 congressional elections under a new map. And that process leaves the Legislature without any assurance that any alternative remedial map it ultimately adopts—after a laborious effort of convening a special session—will be free from yet another challenge under Proposition 4 by a different group of plaintiffs.”

However, lawyers for the Plaintiffs argued in a previous status hearing that Prop 4 only required a commission if redistricting was occurring as part of the census, or if Utah added a Congressional seat. They contend that an independent redistricting commission isn’t required after an injunction.

The legislature’s emergency writ, filed near the close of business on a Friday, asks for a decision from the justices by September 15, which is the day the Governor is likely to call the legislature into a special session.

“Relief obtained after September 15 will effectively be no relief at all,” the filing states.

It’s unclear whether the state’s high court will agree to hear this emergency request, and if they do halt the ruling, then it’s likely that Utah would use its current congressional maps (the 2021 Congressional maps) for next November’s midterm elections while the case continues to be litigated.

The legislature has also signaled that it could additionally appeal to the Supreme Court of the United States.

You can read the full petition filed by the Legislature below.