SALT LAKE CITY — Judge Dianna Gibson will allow the Utah State Legislature to appeal one of her rulings in the redistricting case to the Utah Supreme Court.
But it may not quickly grant the legislature a victory in overturning her rulings imposing a new congressional map.
In an order issued late Friday, Judge Gibson noted that the legislature repeatedly ignored opportunities to appeal her rulings since August.
"The December 22,2025 hearing confirmed what the Court suspected," she said, referencing a hearing earlier this week. "With election deadlines imminent, the Legislative Defendants repeatedly stated they intended to appeal but then intentionally elected not to utilize the more appropriate appellate tools available to them."
Still, Judge Gibson said she would allow the legislature to appeal an August and September ruling she made. However, she refused their request to close the case. Instead, she turned to the state's top court to decide if their appeal is appropriate.
"The Court leaves it to the Utah Supreme Court to determine if, as a matter of law, this suffices to establish appellate jurisdiction," she wrote in an order obtained by FOX 13 News.
What the decision means is the Utah Supreme Court will ultimately decide if the legislature can appeal the map Judge Gibson accepted, creating a more competitive Salt Lake County-centric district. The League of Women Voters of Utah and Mormon Women for Ethical Government sued the Utah State Legislature arguing it improperly overrode Proposition 4, a citizen ballot initiative passed in 2016 that allowed for independent redistricting.
"It appears the judge was as confused as we were about why the legislature didn't appeal earlier," Katharine Biele, the president of the League of Women Voters of Utah and a plaintiff in the lawsuit said in a text message to FOX 13 News. "We continue to feel confident about the strength of case, and will continue to oppose the legislature's efforts to undermine the will of the voters."
The plaintiffs argued that the legislature bypassed an independent commission to draw maps, imposed its own and created congressional districts that gerrymandered to favor Republicans. Judge Gibson agreed and threw out the legislature's map, picking a map that created a new district that Democratic candidates have clamored to run in.
The Utah State Legislature has maintained it has the sole constitutional authority to draw boundaries in redistricting. In her ruling, Judge Gibson said "this was not an easy call," chastising the legislature for failing to appeal earlier.
"Until there is a final decision on these legal issues from our Supreme Court, there will be a cloud on Utah's congressional elections and an open question regarding the power of the Legislature and the power of the people," Judge Gibson wrote. "The Utah Supreme Court can decide now if the Legislature is the sole and exclusive authority over redistricting in Utah or if it shares that responsibility with the people. It can decide if the people of Utah, through the exercise of their right to alter or reform government through a citizen initiative, can also pass binding laws regarding how the Legislature performs its redistricting duty."
Spokespersons for the Utah State Legislature's Republican majority did not immediately respond to a request for comment late Friday from FOX 13 News.
Updates on this breaking news story as information becomes available.
Read the judge's ruling here:
