This will eventually come down to the considerations (or whims) of one SJC judge.
I don’t think that’s the way the Founders expected their system to work. At least, I think they would think that issues which wound up in the SJC would be rarer, and determined by larger majorities. Now, almost anything that involves a counter to the Executive Branch is both a big deal in the sense of being unusual, and also commonplace, in the sense of being necessary.
.......Title to all lands in the Great State of Texas, of which I have spent my life in, were acquired by about 1,500 heroes led by one Sam Houston in about 18 minutes at San Jacinto in 1836.
It IS possible that something similar could happen in Utah and elsewhere.
When Texas became a state, it was smart enough to hold on to its land. The feeling back then among guys who were still alive and actually fought and bled for the land was “we ain’t gonna just GIVE IT to Uncle Sam”.
As the saying goes......”ain’t no place like Texas!”
What is an “SJC judge”?