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Cox Nominates Judge John Nielsen to Utah Supreme Court, Triggering Senate Review

The nomination now faces legislative scrutiny that could test his textualist credentials during a period of legislative-judicial friction.

Overview

  • Nielsen was selected to succeed Justice John Pearce, who retires Dec. 1, after a news conference at the Capitol on Tuesday.
  • He describes his approach as textualist and originalist, and Chief Justice Matthew Durrant praised his advocacy and writings before the court.
  • The Senate Judicial Confirmation Committee will vet the pick before an up-or-down vote by the full Senate, with Gov. Spencer Cox expecting a thorough process and the committee chair predicting few hurdles.
  • If confirmed, Cox will have appointed a majority of the five-member court during ongoing disputes over rulings on abortion and citizen ballot initiatives.
  • Nielsen’s background includes service as a prosecutor and assistant solicitor general, private practice with former Justice Thomas Lee, and earlier work defending Utah’s transgender sports ban before withdrawing last year as plaintiffs later dropped the case.