Why a Supreme Court justice visited Utah this week

SALT LAKE CITY — A U.S. Supreme Court justice visited Utah on Monday to attend the ceremonial swearing-in of one of the new members of the state high court.

Justice Samuel Alito was a guest for the investiture of Jay Jorgensen, who was confirmed to the recently-expanded Utah Supreme Court in June. Alito also administered the oath of office to Jorgensen.

The two men have known each other for years. Jorgensen previously clerked for Alito when he was a judge on the U.S. Court of Appeals for the Third Circuit more than 30 years ago. That was before Alito was nominated to serve as a Supreme Court justice by President George W. Bush in 2005.

Jorgensen, who worked as senior legal counsel for The Church of Jesus Christ of Latter-day Saints prior to his appointment, is already acting as a member of Utah's high court, having been sworn in back on June 17. Monday's investiture was only ceremonial, a court spokesperson told KSL.

"I knew 30 years ago, when he was my law clerk on the Court of Appeals, that this was a young man with an exceptional legal mind," Alito said in a statement provided by the courts.

Alito added that Jorgensen is a "good person," something he said is required to "be a truly good judge."

"What judges do at all levels affects ordinary people," the justice stated. "A good judge has to keep that in mind at all times, and Jay has that skill."

Prior to the ceremony, Alito met with Gov. Spencer Cox, Lt. Gov. Deidre Henderson, and other members of the Utah Supreme Court in a private meeting at Matheson Courthouse that was closed to the press. The swearing-in ceremony for Jorgensen was also not a public event.

"It was an honor to welcome U.S. Supreme Court Justice Samuel A. Alito Jr. to Utah today," Cox wrote on social media. "I join him in thanking the Utah judiciary and staff who have dedicated their careers to serving our state."

Alito is not the first U.S. Supreme Court justice to visit the Beehive State this year. Justice Sonia Sotomayor paid surprise visits to students in the Jordan School District earlier this month in response to a video sent by students asking her to come.

Supporting a former clerk

Alito's visit to Utah's capital city is unusual, but not necessarily surprising given the close bond that often develops between jurists and their clerks, according to KSL legal analyst Greg Skordas.

"I think that Justice Alito probably wants to recognize that and recognize that one of the people that worked with him, one of the people that clerked for him years ago, is now a justice himself, and so it's quite an honor for both of them," he said.

Alito is seen as one of the more conservative justices on the U.S. Supreme Court, but Skordas said young lawyers often clerk for judges, and that doesn't mean they agree with that judge's particular philosophy.

"Because you worked for one that was real conservative doesn't necessarily mean that you're going to be conservative, or the opposite," Skordas said.

Jorgensen has described himself as an originalist and textualist, like Alito, meaning he relies on the original meaning of laws or the Constitution and uses the text itself when interpreting the law.

Expanded Utah Supreme Court

Jorgensen occupies a new seat on the Supreme Court after the Republican-controlled Legislature and Cox expanded it from five to seven seats earlier this year. Critics blasted the move, alleging the governor and lawmakers were trying to remake the court to result in more favorable decisions for Republicans. Stephen Dent was also appointed and confirmed as part of the court's expansion.

"I am grateful for this opportunity to give back to the state that has given me so much," Jorgensen said in a statement. "I pledge to faithfully apply our state's constitution and laws, and to serve to the best of my ability."

But the makeup of the Utah Supreme Court is also dramatically different due to the retirement last month of former Chief Justice Matthew Durrant and the resignation in May of former Justice Diana Hagen amid misconduct allegations.

Matthew Bell and Michael Menssen were both confirmed by the Utah Senate last week to replace Durrant and Hagen. However, they have not been officially sworn in yet.

It's too early to say how this new court will differ from its smaller predecessor, but aside from possibly issuing decisions quicker, Skordas doesn't expect any dramatic changes.

"I think the overall sort of ideas that we get from the court, or the opinions that we get from the court, are not going to be significantly different this next year than we got in the last 20, 30 years," he said.

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