Utah Gov. Spencer Cox has three women on his list of 12 nominees to fill the Utah Supreme Court’s two vacancies.
That means there’s a pretty fair chance that a woman will fill one of those spots.
Melissa Holyoak, the current U.S. District Attorney for Utah, said gender shouldn’t even be in the equation when considering who sits on the state’s highest bench.
During a conversation held by the Federalist Society on Wednesday, Holyoak was asked whether Cox should consider appointing a woman to fill the seat of Utah Supreme Court Justice Diana Hagen, who resigned in May.
First, she praised Cox’s appointments so far in his career.
“I think he really has done an excellent job with his appointments because he’s been correctly focused on the qualities of the county: intellect, experience, integrity, temperament, all of those things.”
She also noted that Cox has also responded to questions regarding appointing an individual to the bench with a diversity, equity and inclusion, or DEI, framework in mind.
When attorneys Jay Jorgensen and Stephen Dent were appointed to fill the two newly created seats in the Utah Supreme Court in June, Cox was asked why there wasn’t a female name on this list of top contenders.
He pointed out that he’s already appointed two women to the Utah Supreme Court — but that’s beside the point.
“I don’t care if you’re a male or female when you apply. I don’t go into this looking at your chromosomes when I’m making an appointment. I’m trying to find the best legal minds who represent the state of Utah, and I think that’s all that should matter,” he said.
Referencing his comments, Holyoak added, “When he (Cox) is selecting candidates and making appointments, he is not basing his decision on the candidate, whether the candidate is a man or a woman. Instead, he is looking for the best legal lines, and that is exactly how it should be.”
Are people done with DEI?
Merit over DEI philosophy has been largely pushed since President Donald Trump returned to the White House last year, even rescinding Biden-era executive actions that had directed agencies to advance racial equity throughout the federal government.
President Joe Biden made only one nomination to the U.S. Supreme Court during his presidency. When making the decision, he said he wasn’t sure who he was going to pick yet, but he knew one thing for sure — that it would be a Black woman.
“I’ve made no decision except one: The person I will nominate will be someone with extraordinary qualifications, character, experience, and integrity, and that person will be the first Black woman ever nominated to the United States Supreme Court,” he said. “It’s long overdue, in my view.”
An NBC poll last year found that half of registered voters wish to be rid of DEI programs, with lines generally drawn on the political and racial spectrum.
Trump’s anti-DEI orders have no bearing on Cox’s judicial picks, but when it comes to the philosophy behind them, the two Republicans are largely in sync.
Attorney Brent Hatch, a former associate White House counsel under President George H.W. Bush, was in attendance at the Federalist Society’s Wednesday event. He told the Deseret News in a statement that Holyoak’s comments were “absolutely spot on.”
“DEI is not a principled way to fill vacancies on the Utah Supreme Court. I am sure Gov. Cox understands that nominations for positions as important as those to be an Utah Supreme Court justice must be based on intellect, skill, integrity, and a track record of excellence,” he added.