The Farmer’s Almanac is a well-known resource for planning many activities. Likewise, politicos interpret various events to help them prepare. Recent developments could provide guidance for political activities in the next year.
Utah Supreme Court Justice Diana Hagen submitted her resignation. Her vacancy follows the creation of two positions by legislation and the recent appointment of John Nielsen. This means by fall, a majority of the court will have been appointed in less than a year. Does this change any legislative or litigation strategies?
Cowley and Pignanelli: Attempts to accurately forecast how federal and state Supreme Court justices will rule on a decision usually result in frustration and confusion. These higher court judges will, to the consternation of the other branches of government, strive for independence. We have no doubt the new justices will rule in accordance with their beliefs toward the state constitution. But the new and unprecedented dynamics surrounding the court cannot be ignored. The governor will have nominated, and the Senate will have vetted and approved, these justices with an eye toward their very public concerns — redistricting, tort laws, etc.
Soon, the environment will be dominated by a majority of justices who did not participate in decisions that frustrated the governor and the legislative branch. Litigators on either side of the redistricting issue will understand that what was once a lost cause for the Legislature may be ripe for review.
The relationship between the Legislature and the courts could change. Recent legislative sessions witnessed direct attempts to alter the mechanics of the Judiciary, which fall under the Supreme Court’s supervision. Will legislators back off and await rulings from the new court? The lawyer-legislators serving on the confirmation committees are usually the most active in adjusting the judicial process or responding to the court’s decisions. Because they had a direct hand in choosing this new court, their interest in intervening may change accordingly.
Republican lawmakers and activists have wanted to make retention elections for Supreme Court justices and judges more consequential. With new blood on the bench, they are likely to hit pause on this pursuit, at least for now.
Will the new makeup of the court alter the personal interactions between justices, lawmakers and the governor? During Frank’s legislative service, justices were much more interactive with lawmakers on broad policy issues — but not specific decisions. This led to a greater understanding and minimized conflict.
The summer of 2026 will have a significant effect on the Capitol and possibly the corridors of courthouses for many years.
Although the state has grown, the number of lawmakers and length of the general session remain the same. Summer/fall interim committees are becoming more important. Next week, lawmakers will start reviewing issues approved by Legislative Management. Furthermore, as bill files are opened, we will have a sneak peek at what is in store for January. What should voters pay attention to during the interim?
Cowley and Pignanelli: In a drought year, nothing matters more than water. Legislators will be exploring water infrastructure projects, drinking water safety, coordinated conservation and the ever-important Colorado River. Expect discussion of water usage in the data centers as well. In fact, most major issues have some nexus to data centers.
Energy use, capacity and rates will continue to receive attention. Large-load users and enabling new energy production are on the list for addressing, especially with multiple data centers under consideration in Utah.
Affordability is still top of mind for legislators and their constituents. This includes energy costs, housing and more. Lawmakers will also focus on reducing healthcare costs to improve access for Utahns.
The Legislature has a complicated relationship with technology. They promote nuclear power generation and recruit data centers to win the AI race against China. They boast that Utah is a tech hub and even created the Office of AI Policy to examine innovation-enabling policies. Conversely, they take a strong regulatory approach to Big Tech and social media companies regarding algorithms, use by minors and data privacy. Expect debates to continue on social media, AI, quantum computing and, you guessed it, data centers.
Utah’s housing shortage remains top of mind for legislators. During the interim, they will be studying solutions for future growth, zoning and lowering impact fees for smaller, more affordable homes. This is a delicate balance, as many Utahns say their number-one issue is housing costs. Yet, when it comes to building more homes through high-density and large developments, nobody is excited about them being built in their backyard.
Republicans and Democrats have serious contested congressional primaries on June 23. How will the campaigns impact elections in the short and long term?
Cowley and Pignanelli: The Republican and Democratic congressional primary elections share common elements. Reps. Blake Moore and Celeste Maloy face candidates with legislative experience and support from delegates — Karianne Lisonbee and Phil Lyman, respectively. One-term Congressman Ben McAdams is also facing a lawmaker — State Sen. Nate Blouin — and several outsiders — Michael Farrell and Liban Mohamed.
Moore, Maloy and McAdams are well funded using traditional tactics. Their challengers must use inexpensive tactics, including social media and headline-grabbing positions, to engage grassroots activist networks. How they fare will determine campaign strategies for years to come.