Utah's Constitutional Court Raises Concerns Over State's Judicial Structure

Critics argue the new court undermines the state's constitutional checks and balances.

Apr. 1, 2026 at 12:05pm

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A new constitutional court in Utah has been established with the stated goal of streamlining legal disputes, but some experts argue it represents a threat to the state's constitutional structure by creating an unconstitutional 'shadow Supreme Court'.

Why it matters

The creation of this new court raises questions about the separation of powers and the independence of the judiciary in Utah. There are concerns that it could allow the legislature and executive branch to exert undue influence over the judicial process.

The details

The Utah Constitutional Court was established in 2025 with the aim of expediting cases related to the state constitution. However, critics argue that the court's broad jurisdiction and lack of clear oversight mechanisms undermine the traditional role of the state's Supreme Court.

  • The Utah Constitutional Court was established in 2025.
  • The op-ed criticizing the court was published on April 1, 2026.

The players

Savannah Eccles Johnston

The author of the op-ed criticizing the Utah Constitutional Court.

Robert Williams

The co-author of the op-ed criticizing the Utah Constitutional Court.

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What they’re saying

“This innovative new court is ostensibly designed to streamline legal disputes, but in reality it represents a profound threat to the state's constitutional structure.”

— Savannah Eccles Johnston and Robert Williams, Op-ed authors

The takeaway

The creation of the Utah Constitutional Court has sparked a debate over the balance of power in the state's judicial system, with critics arguing that it undermines the traditional role of the state Supreme Court and could allow for undue influence from the legislative and executive branches.