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Tribune Editorial: Attacks on judge in Utah gerrymandering case should stop

Impeachment of a single judge does not solve for issues opponents have with redistricting map.

(Francisco Kjolseth | The Salt Lake Tribune) Defense attorney Soren Geiger hears testimony from Michael Barber, a political science professor at Brigham Young University, during a hearing on congressional redistricting maps before Judge Dianna Gibson in 3rd District Court in October.

Not everything that happens in American government should be viewed as a victory or a loss for the two major political parties. Sometimes, actions are taken that uphold the rule of law, validate the constitutional separation of powers and honor the will of the people.

Utah Third District Judge Dianna Gibson took just such a step Monday.

Threats of impeachment, or worse, against her from some Republicans are disgraceful. The fact that few of the state’s Republican leaders are standing up for the judge’s lawful ruling, even if they disagree with it, is appalling.

Gibson reasonably found that the map of the state’s four congressional districts as drawn by the Utah Legislature was in clear violation of the voter-approved Proposition 4. That the map had been drawn deliberately to favor Republican candidates in all four districts and amounted to an “extreme” partisan gerrymandering.

That’s something that Proposition 4, approved by the voters in 2018, forbids.

Faced with a ticking clock to have a map in place — state election officials said they needed it by Monday so everything could be ready for the 2026 congressional elections — the judge didn’t have time to send everyone back to the drawing board.

So she picked one of the two maps proposed by the group of public-spirited Utahns who sued to uphold Prop 4 — the Utah League of Women Voters, Mormon Women for Ethical Government and a handful of individuals. It is a map designed by nationally recognized experts in the field of legislative apportionment, one that met the standards set down by Prop 4.

The new district that centers on Salt Lake City is a compact, contiguous district that, as much as possible, avoids splitting counties or cities. The map meets the letter and spirit of Prop 4, and should stand.

Republican leaders in the Utah Legislature, sadly but predictably, care less for the rule of law and the constitutional separation of powers than they do keeping their stranglehold on the state’s politics.

Only minutes after the judge’s ruling was released — certainly before anyone had time to digest the 90-page, detailed and carefully reasoned opinion — at least one member of the Utah House was threatening Judge Gibson with impeachment.

House Speaker Mike Schultz and Senate President Stuart Adams issued angry, and unsupported, statements attacking the ruling. Gov. Spencer Cox was a bit more measured, saying that he respected the courts’ role but also supported appealing Gibson’s ruling.

Any appeal would likely be a pointless and needlessly complicating move, as Gibson’s ruling was fully in keeping with previous opinions of the Utah Supreme Court. Those unanimous opinions upheld Prop 4 as the law of the land and clearly said that lawsuits seeking to enforce the voter-approved proposition were valid.

Only Lt. Gov. Diedre Henderson had something reasonable to say, stating that she would, absent a higher court ruling to the contrary, obey Gibson’s ruling in setting up the 2026 congressional elections.

Too many Utah Republicans are happy to stand up for the rule of law and the separation of powers when the results go their way. When they don’t, they cry foul and claim that anything they don’t like is unconstitutional.

Elections that do all that is possible to give voice to all of a state’s citizens is always best for our democracy. Competitive elections, whenever possible, draw the best candidates and encourage public participation. One-party states or districts boost extremism and leave many voters feeling, reasonably, unheard and unvalued.

Personal, sexist and racist threats that were quickly launched at the judge for doing her job, carefully and completely, are disgusting. Where are the voices of moderation and calm who speak out against violence and threats of violence when conservatives are the target?

If no one else, Gov. Spencer “Disagree Better” Cox should be saying so, loud and clear.

Editorials represent the opinions of The Salt Lake Tribune editorial board, which operates independently from the newsroom.