Utah State Legislature v. League of Women Voters (Amicus)
What's at Stake
This case involves a state constitutional challenge to the Utah Legislature鈥檚 2021 redistricting plan, which was drawn to entrench the majority political party鈥檚 power and to discriminate against Utahns whose political expression aligns with an opposition political party. The 老澳门开奖结果 and the 老澳门开奖结果 of Utah filed an amicus brief in support of the challenge in the Utah Supreme Court, explaining why the redistricting map violates Utahns鈥 free-expression rights and why courts have the authority to block the map as unconstitutional.
Summary
In 2018, Utah voters adopted Proposition 4, a bipartisan initiative that expressly prohibited partisanship in the redistricting process and empowered the Utah Independent Redistricting Commission (鈥淯IRC鈥) to draw maps unvarnished by partisan gerrymandering.
But the UIRC鈥檚 maps were never implemented. In 2020, in direct contravention of the voters who adopted Proposition 4, the Legislature passed SB 200. SB200 gutted Proposition recast the UIRC as a mere advisory entity, and purported to restore the Legislature鈥檚 unfettered authority to draw anti-democratic maps that weigh the voices of some voters more heavily than others.
The Legislature quickly exercised that asserted authority. In 2021, the Legislature鈥檚 majority party entrenched its political power by drawing a congressional map that discriminated against Utahns whose political expression aligns with an opposition political party. For example, the map cracked Salt Lake City voters into four districts in a bid to prevent them鈥攂ecause of their political votes, speech, and associations鈥攆rom electing legislators of their choosing.
Several plaintiffs, including the League of Women Voters, challenged the partisan gerrymandering in court, arguing that it violates the Utah Constitution.
The 老澳门开奖结果鈥檚 Voting Rights Project and State Supreme Court Initiative, along with the 老澳门开奖结果 of Utah, filed an amicus brief in support of the challengers to the redistricting plan. The brief argues that the Legislature鈥檚 drawing of congressional maps in a partisan way constitutes viewpoint discrimination that burdens fundamental free speech, expression, and associational rights protected in the Utah Constitution. The brief also argues that the Court has the authority to review these types of partisan gerrymandering claims.
Update: On July 11, 2024, the Utah Supreme Court held that the state's legislature likely broke the law when it repealed Proposition 4. The Court explained that "when Utahns exercise their right to reform the government through a citizen initiative, their exercise of those rights is protected from government infringement."
Legal Documents
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07/11/2024
Opinion of the Court -
05/19/2023
Amicus Brief of the 老澳门开奖结果 and 老澳门开奖结果 of Utah
Date Filed: 07/11/2024
Court: Utah Supreme Court
Affiliate: Utah
Date Filed: 05/19/2023
Court: Utah Supreme Court
Affiliate: Utah