Utah Plaintiffs Challenge Legislature's New 'Constitutional Court'

Lawsuit alleges law creating 3-judge panel to hear challenges to state laws is unconstitutional

Published on Feb. 24, 2026

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The plaintiffs in Utah's redistricting legal battle have filed a new complaint alleging that the Utah Legislature has overstepped its power by creating a new "constitutional court" to hear legal challenges to laws. The League of Women Voters of Utah and Mormon Women for Ethical Government are asking a judge to block the law and court rule that established the 3-judge panel, arguing it violates the state constitution by treating government litigants differently than other parties.

Why it matters

This case highlights an ongoing power struggle between the legislative and judicial branches in Utah over the state's redistricting process. The plaintiffs argue the new "constitutional court" law gives the government an unfair advantage in challenging laws, while lawmakers defend it as a way to ensure a fair, impartial process.

The details

The new law, HB392 and SJR5, created a 3-judge district court panel to hear lawsuits challenging the constitutionality of state laws. The plaintiffs argue this law is unconstitutional because it only allows government litigants, not other parties, to access the new court. They say the law gives the governor, attorney general or legislature the sole discretion to transfer cases to the 3-judge panel, violating the separation of powers.

  • The law was passed and signed by the governor earlier this month (February 2026).
  • The plaintiffs filed their new complaint on Saturday, February 23, 2026.

The players

League of Women Voters of Utah

A nonpartisan political organization that has been a plaintiff in the ongoing redistricting lawsuit against the Utah Legislature.

Mormon Women for Ethical Government

A nonpartisan group of Mormon women that has joined the League of Women Voters as a plaintiff in the redistricting lawsuit.

Judge Dianna Gibson

The 3rd District Court judge presiding over the redistricting lawsuit.

Utah Attorney General Derek Brown

The state's top law enforcement official who has filed notices to transfer the redistricting case and other lawsuits to the new "constitutional court".

Utah Legislature

The state's legislative body that passed the law creating the new 3-judge panel to hear challenges to state laws.

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What they’re saying

“What are they afraid of? Three randomly selected judges without any influence. Why would somebody push back on that if they aren't trying to pick the judge they want?”

— Stuart Adams, Utah Senate President (Media availability)

“I look at the actions taken by the plaintiffs, it's clear to me that they want to forum shop. That's what they're doing, that's why they filed, that's their intention. Make no mistake, they are forum shopping, and the three-judge panel does the opposite of that. It creates a scenario where forum shopping can't happen.”

— Mike McKell, Utah Senate Majority Assistant Whip and Attorney (Media availability)

What’s next

The judge in the case will decide whether to block the law creating the new "constitutional court" panel.

The takeaway

This case highlights the ongoing power struggle between Utah's legislative and judicial branches over the state's redistricting process, with lawmakers arguing the new 3-judge panel will ensure fairness while plaintiffs claim it unconstitutionally favors the government.