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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

Full chamber to weigh Cox's picks to return court to seven justices

Yesterday: Panel recommends Bell and Menssen

Overview

Updated 25 minutes ago

Utah is one Senate vote from finishing a two-part remake of its highest court. A Senate panel unanimously recommended two nominees Monday, and the full chamber is expected to confirm them Wednesday, returning the supreme court to its new, expanded size of seven justices.

The expansion caps a power struggle between the Republican Legislature and a court that ruled against it on abortion, redistricting and ballot initiatives. Both new justices call themselves originalists and were pressed on whether the court should check the Legislature. Their answers pointed to a more deferential bench.

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 after expansion
Court grows from five to seven members if both nominees are confirmed.
2
Nominees awaiting final vote
Matthew Bell and Michael Menssen face full Senate confirmation Wednesday.
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.

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People Involved

Organizations Involved

Timeline

September 2025 September 2026

7 events Latest: Yesterday
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 resigns ahead of investigation into alleged relationship.

  5. Legislature passes court expansion

    Legislation

    Law expands court from 5 to 7 justices; separate law gives governor chief justice selection.

Scenarios

1

Utah Senate confirms both supreme court nominees

Likely Resolves by 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

Unlikely Resolves by 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.

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

(4)