Utah to Expand Supreme Court to Seven Justices, Senator Says

Utah Legislature Considers Expanding Supreme Court

SALT LAKE CITY — The Utah legislature is considering expanding the state’s Supreme Court from five to seven justices, a move that could take place during the 2026 legislative session. This potential change has sparked discussions among lawmakers and legal experts, as it reflects broader concerns about the court’s capacity and the balance of power between branches of government.

State Senator Todd Weiler, who has been vocal about the issue, mentioned on his local podcast that the expansion is likely to occur in the first week of the next legislative session. Weiler, along with local lawyer Corey Astill, hosts a weekly right-leaning show called Political as Heck, where they often discuss political developments and their implications.

During one episode, Weiler and Astill addressed the recent special session and the impact of Judge Dianna Gibson’s November redistricting ruling. The ruling determined that the Utah legislature did not follow Utah’s anti-gerrymandering law, known as Proposition 4, when they were tasked with redrawing district boundaries by the courts.

Weiler argued that Judge Gibson has “taken a small amount of power” from the legislature, particularly regarding the determination of district lines that cut through homes and apartments. He noted that if the legislature had drawn the map, they would have been the ones to decide such issues. Astill, in turn, expressed hope for a hearing with the Utah Supreme Court to appeal this decision.

“We may have two new members on the Supreme Court by the time the court takes this up because the governor has funded two additional justices in his budget,” Weiler said, pointing out that the Utah Constitution allows the legislature to determine the number of justices.

This idea of expanding the court is not new, but the timing of the possible expansion—during the first week of the session—is still being discussed. Legislative sources have confirmed to ABC4 that lawmakers are considering the governor’s suggestion to increase the number of Supreme Court justices.

Weiler mentioned that he had previously floated the idea of court expansion three or four years ago. Governor Spencer Cox also recently expressed support for the idea. However, during the 2025 legislative session, a bill to expand the court was introduced but later abandoned.

The potential expansion comes at a time of heightened tension between the legislature and the judiciary. The judiciary has been critical of a 2024 decision related to initiatives and redistricting, which stated that the Utah legislature could only amend citizen-led initiatives that reform the government if there was a compelling public interest reason. GOP lawmakers have referred to this ruling as creating a “super law,” arguing that it elevates initiatives over laws created by the legislature, which can be changed at any time.

Additionally, lawmakers have long raised concerns about the caseload of the appellate and Supreme Courts, pushing for faster decision-making processes. Currently, 28 states have seven Supreme Court justices, while 17 states have five. The remaining states have nine.

As the debate continues, the potential expansion of the Utah Supreme Court remains a significant topic of discussion, reflecting ongoing conversations about judicial capacity, legislative power, and the evolving needs of the state’s legal system.