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The Utah Legislature’s assault on the judiciary signals a troubling erosion of checks and balances


Several bills currently being proposed in Utah seek to expand the power of the government at the expense of the judicial system and weaken the ability of everyday citizens to challenge government overreach. These bills include SB203, SJR9, SB204, HB412, HB512, HB451, and SB296, which would limit challenges to harmful laws, narrow the window for filing lawsuits against unconstitutional laws, make it easier for the Legislature to appeal rulings, eliminate bipartisan requirements for oversight boards, increase political influence in the judiciary nomination process, and encourage political interference in the Utah Supreme Court.

The Utah State Bar has spoken out against these bills, expressing concern about the potential negative impact on the judiciary’s ability to check the balance of power between branches of government. These bills are viewed as a targeted retaliation against previous efforts by Utahns to assert their constitutional rights and oppose government overreach. If passed, these bills could weaken the checks and balances of Utah’s constitution, allowing lawmakers to pass unconstitutional and unpopular laws without consequences.

It is important for members of the Utah Legislature to remember that their role is to preserve the power of the people, not increase their own. The judicial norms and constitutional processes must be preserved to protect the rights of all Utahns. The proposed bills reflect a concerning trend of expanding government power at the expense of the judiciary, which must be resisted and checked to ensure that the critical checks and balances of the state government are respected.

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