State legislatures retaliated against state courts that had struck down partisan gerrymanders, safeguarded direct democracy, and exerted independence from state political branches.
Originally posted by Michael Milov-Cordoba | Brennan Center for Justice
State courts have become increasingly prominent institutions in American political life, adjudicating a growing share of the most contested issues in our democracy that were once resolved by the U.S. Supreme Court, including elections and reproductive rights. State legislatures have responded by passing legislation to reduce the likelihood that their states’ courts will rule against them and to make it easier to punish judges who do. In 2025, legislatures considered at least 117 bills attacking the independence or powers of the courts and passed 15 of them. 1
Courts that ruled against legislative majorities in cases about redistricting in particular were met with retaliatory legislation. In Utah, for example, Gov. Spencer Cox (R) issued a lengthy veto of a bill that would have required the state’s chief justice to be reappointed by the governor and senate every four years, warning that he believed “we would eventually come to regret rejecting ancient wisdom and injecting our own politics into the independent judiciary.” But following a ruling by the Utah Supreme Court allowing an injunction to take effect that blocked the use of an unconstitutionally gerrymandered congressional map, the governor signed a substantially similar law that subjects the chief justice to reappointment by the governor every eight years. (Previously, the chief justice was chosen by the Utah Supreme Court.) Several months later, after a subsequent lower court ruling imposed a new congressional map for the 2026 midterms, Utah legislators responded by adopting a resolution that “condemns” the Utah Supreme Court and the district court involved in the redistricting litigation and “rejects” the court-ordered map. Lawmakers also threatened to impeach the district judge who issued the ruling, and elected officials are considering adding two seats to the Utah Supreme Court this year over the objections of the state’s chief justice.