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Utah supreme court expansion heads to final Senate vote

Utah supreme court expansion heads to final Senate vote

Rule Changes Salt Lake City, UT local

Senate confirms final two justices, completing expansion to seven members

September 14th, 2026: Panel recommends Bell and Menssen

Overview

Updated Sep 17

Utah's Supreme Court has seven members for the first time. The Senate voted 26-2 Wednesday to confirm Judge Matthew Bell and attorney Michael Menssen, finishing an expansion from five to seven justices.

The expansion followed rulings that blocked the state's near-total abortion ban and undercut an independent redistricting commission. Governor Spencer Cox has appointed six of seven justices, five of them in the past year. He next picks a chief justice, a duty lawmakers moved from the court to the governor.

Why it matters

With a more deferential bench, Utah's legislature could pass abortion, redistricting and initiative limits without state supreme court review.

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Key Indicators

7
Justices on the court
The court reached seven members for the first time after the Senate confirmed Bell and Menssen.
26-2
Senate confirmation vote
Bell and Menssen cleared the Senate with no floor debate; two Democrats dissented.
4-1
2025 abortion ruling margin
Court blocked near-total abortion ban, triggering legislative backlash.
26
Durrant's years on the court
Chief Justice Matthew Durrant retired in August 2026.
6 of 7
Justices appointed by Cox
Cox named six of the seven members; five joined in the past year.

Voices

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People Involved

Spencer Cox
Spencer Cox
Utah Governor (Republican)
Appointed six of seven justices; will name the next chief justice
 Matthew Bell
Matthew Bell
Utah Supreme Court Justice
Confirmed to the Utah Supreme Court on September 16, 2026
MM
Michael Menssen
Utah Supreme Court Justice
Confirmed to the Utah Supreme Court on September 16, 2026
 J. Stuart Adams
J. Stuart Adams
Utah Senate President (Republican)
Led criticism of court rulings
MD
Matthew Durrant
Former Chief Justice
Retired August 2026 after 26 years
 Diana Hagen
Diana Hagen
Former Justice
Resigned May 2026 amid misconduct allegations
 Kathleen Riebe
Kathleen Riebe
Utah State Senator (Democrat)
Voted against both supreme court nominees

Organizations Involved

Utah Supreme Court
Utah Supreme Court
State Supreme Court
Seven justices, the most in its history

Utah's highest court, expanded from five to seven justices in 2026.
Utah Senate Judicial Confirmation Committee
Utah Senate Judicial Confirmation Committee
Senate Committee
Recommended Bell and Menssen; both confirmed by the full Senate on September 16

Vets and recommends statewide judicial nominees to the full Senate.

Timeline

September 2025 September 2026

7 events Latest: September 14th, 2026 · 2 months ago
Tap a bar to jump to that date

  1. Panel recommends Bell and Menssen

    Latest Confirmation Hearing

    Senate judicial committee unanimously backs both nominees; full Senate vote set for Wednesday.

  2. Chief Justice Durrant retires

    Retirement

    Matthew Durrant steps down after 26 years on the high court.

  3. Senate confirms Dent and Jorgensen

    Confirmation

    Two justices confirmed to newly created expansion seats; each drew Democratic no vote.

  4. Justice Hagen resigns

    Resignation

    Diana Hagen resigned after a dismissed misconduct complaint against her was made public.

  5. Cox signs court expansion bill

    Legislation

    SB134 expands court from 5 to 7 justices and takes effect immediately. A separate law gives the governor chief justice selection.

  6. Court strikes down Proposition 4 limits

    Court Ruling

    Court rules law gutting independent redistricting commission violates citizen initiative rights.

  7. Court blocks abortion ban

    Court Ruling

    Utah Supreme Court votes 4-1 to uphold injunction blocking near-total abortion ban.

Scenarios

1

Utah Senate confirms both supreme court nominees

Deadline passed (Q3 2026)

Discussed by: KSL and Deseret News, citing the unanimous committee recommendation

The full Senate votes Wednesday to confirm Matthew Bell and Michael Menssen, completing the court's expansion to seven members. The unanimous committee vote, including Democratic support, signals a smooth floor passage. Cox will have appointed five of seven justices and selected the chief justice.

2

Senate rejects at least one Cox nominee

Deadline passed (Q3 2026)

Discussed by: No current analysis predicts this; noted as a low-probability floor surprise

A floor vote defeats one or both nominees, forcing Cox to name replacements and delaying the court's return to full strength. This would signal deeper legislative wariness of the confirmation process or opposition to specific nominees.

3

Expanded court rules against Legislature again

Possible Resolves by Q3 2027

Discussed by: Expansion critics who argue changing court size won't guarantee favorable rulings

Within the first year at full strength, the seven-member court strikes down another legislative act, showing that originalist philosophy and expansion don't necessarily produce a reliably deferential bench. Bell's statement that he isn't a check on the Legislature would be tested by actual cases.

4

Cox names the next chief justice under the new law

Likely Resolves by Nov 30, 2026

Discussed by: Standard-Examiner, reporting Cox's six-to-eight-week timeline

With the court fully staffed, Cox will appoint the next chief justice under a 2025 law that moved the selection from the justices to the governor. He said he would consult each justice and decide in six to eight weeks. The pick needs Senate confirmation.

5

Expanded court hears the pending redistricting appeal

Uncertain

Discussed by: AP News, which reported the appeal was looming as Cox signed the expansion bill

A redistricting appeal is headed to the expanded court. The case will test whether the new majority defers to the Legislature or again protects the independent commission the court backed in 2025.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

February-July 1937

FDR's Court-Packing Plan (1937)

President Franklin Roosevelt, frustrated by a conservative U.S. Supreme Court striking down New Deal programs, proposed adding up to six justices. The plan drew sharp opposition even from his own allies.

Then

The bill failed in Congress. The Court soon upheld New Deal legislation in a shift often called 'the switch in time that saved nine.'

Now

The defeat entrenched a norm against court expansion in Washington, a norm state legislatures have not always shared.

Why this matters now

The Utah expansion follows the same logic as FDR's plan: change the court's size to change its rulings.

2023-2025

Montana Supreme Court fight (2023-2025)

Montana Republicans, after the state supreme court ruled against the Legislature on climate and voting cases, pushed measures to reshape the court, including changing its structure and how justices are selected.

Then

Some measures advanced, but the court continued to rule against the Legislature in major cases.

Now

It became a template for GOP legislatures in states where courts block conservative legislation.

Why this matters now

Legal analysts explicitly link Utah's expansion to the Montana effort, describing a regional pattern of responding to adverse rulings by restructuring courts.

Sources

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KSL.com Balls and Strikes Utah Senate Deseret News KUER News From The States ABC4 Standard-Examiner AP News KSLNewsRadio KPCW KSL.com KUER