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📰 Above the fold

Utah’s congressional map fight has turned into a blame-a-thon. In dueling filings late last week, the Legislature and the plaintiffs accused each other of stalling—and the clock for a pre-2026 appeal is ticking.

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The Legislature is pushing Third District Judge Dianna Gibson to enter a final judgment on the case, in which she tossed the congressional map approved by lawmakers in 2021, then rejected lawmakers’ remedial map because it does not comply with the state’s anti-gerrymandering law. She instead implemented the plaintiffs’ map, which creates a Democratic-leaning district centered on Salt Lake County.

Now the Legislature wants a final judgment entered so it can sprint to the Utah Supreme Court—or even the U.S. Supreme Court. Plaintiffs say lawmakers could have appealed months ago and simply chose not to.

On Friday, legislative attorneys urged Judge Gibson to enter final judgment immediately so they can file appeals.

"The window for the Legislature to have its day in appellate court before the 2026 election is imminently closing. It is time for a final judgment and an appeal on the merits,” they wrote. “Only one possible explanation exists for why Plaintiffs continue to oppose entering a final judgment awarding all the relief they’ve sought: They want to delay.”

On Sunday, plaintiffs countered that lawmakers had multiple clear opportunities to appeal—and blew past them.

“Nearly four months have gone by during which time Legislative Defendants could have filed an appeal and obtained a decision by the Utah Supreme Court. Rather than do so, they have blown by their appeal deadlines and loudly blamed everyone but themselves for their predicament.”

Plaintiffs note a legislative change earlier this year that allows immediate appeals when a plaintiff wins an injunction on constitutional grounds. When the court enjoined the 2021 map in August—and amended the injunction in early September—lawmakers did nothing.

“At any time up until October 6—30 days after this court’s September 6 Amended Order—Legislative defendants could have filed a notice of appeal. The Utah Supreme Court made it clear it would expedite that appeal. That appeal could have been briefed, argued and decided by now.”

They add that when Judge Gibson rejected the Legislature’s remedial map on November 10, lawmakers had another 21-day window to appeal—and let it lapse.

“Instead of simply filing a notice of appeal, various legislators appeared on television, radio and social media saying that they desperately wanted to appeal and claiming that this Court was somehow blocking them from doing so, while simultaneously doing nothing to advance such an appeal.”
“Filing a notice of appeal is not difficult, and Plaintiffs cannot imagine that Legislative Defendants, represented by sophisticated counsel in this case, were unaware of how to file one. Utah’s judiciary makes it simple, even providing a ‘Notice of Appeal’ form on its ‘How To’ website.”

Plaintiffs even attached the form, helpfully circling the line for the date of the order.

""Legislative Defendants simply needed to fill out this form and file it by the deadline. That's it,” they wrote.