State of Justice: July 2026 Keep Your Eyes On
California
Humans, machines or nothing: Case will decide future of California court transcripts
The California Supreme Court will determine whether electronic recording, rather than traditional manual or stenographed transcripts, can be used to create verbatim transcripts for civil case proceedings. Stenographers are typically not available in civil proceedings like family or drug courts, which leads to many trials without an official transcript. This issue is especially harmful to survivors of domestic violence. However, while both sides support the result of more transcripts for civil cases, labor groups have raised concerns that electronic transcriptions could result in fewer hirings for stenographers or voice writers.
Colorado
Colorado Supreme Court accepts child neglect, unlawful search appeals
The Colorado Supreme Court will determine who must bear the burden of proof to establish a warrantless search’s lawfulness. Christopher Mosely was arrested after a warrantless search that resulted in Brendan Daves, a peace officer, finding a gun in Mosely’s car. Mosley subsequently sued Daves in civil court and won. Daves is challenging the court’s decision before the supreme court.
Florida
ACLU Drags DeSantis To Florida Supreme Court Over Empty Miami Appeals Seat
The ACLU of Florida is calling on the Florida Supreme Court to fill a vacancy on the Third District Court of Appeal. Although the Judicial Nominating Commission (JNC) certified and forwarded six nominees to Gov. Ron DeSantis (R) on March 17, DeSantis did not name a nominee within the 60-day window established by the state constitution. As a result, the third district is left short of a judge. If the supreme court intervenes, it may order DeSantis to choose one of the six potential candidates sent to him or otherwise fill the vacancy.
Georgia
Fulton County election board dispute heads to Georgia Supreme Court
The Georgia Supreme Court will settle a dispute between the Fulton County election board and two controversial Republican nominees that were supposed to join the board. The current election board commissioners refused to seat the two incoming nominees, Julie Adams and John Frazier. The statewide court of appeals ruled in the commissioners’ favor. The state supreme court is set to hear the case once it returns in October.
Kansas
Kansas amendment would overhaul Supreme Court justice selection. What’s at stake?
This August, Kansas voters will decide the fate of judicial selection in the state. Currently, the state utilizes a merit-based system where an independent judicial nominating commission publicly interviews and screens applicants for a vacancy, then the commission sends a shortlist of candidates for the governor to choose from. The governor’s appointee must then stand for a retention vote in the next general election after their appointment. Under the current system, Democratic governors have been able to appoint a majority of justices on the court, including current Gov. Laura Kelly, who has her fifth appointment to the court. The court has ruled against many laws led by conservatives in the state. Now, Kansas Republicans are backing a constitutional amendment that would change the judicial selection process from the merit-based system to judicial elections. Kansans will vote on the matter on August 4.
Missouri
State of Missouri appeals abortion case to Missouri Supreme Court
After a circuit court judge struck down 40 anti-abortion laws, Missouri state officials are appealing the lower court decision to the state supreme court. The lower court judge found the laws violated the state’s “Right to Reproductive Freedom Initiative,” which established the fundamental right to reproductive freedom. The struck laws were passed over time in the state and ranged from restricting access to abortion to proscribing onerous requirements and licensing on abortion care providers.
North Dakota
North Dakota justices hear arguments on gender-affirming healthcare ban
In 2023, North Dakota lawmakers passed a law banning gender-affirming care for minors in the state. Late last month, the state supreme court heard oral arguments in a challenge to that law. The challengers claim the law restricts North Dakotans’ right to make their own healthcare decisions.
Ohio
Ashville Referendum Fight Heads to Ohio Supreme Court Over EdgeConneX Data Center Agreement
A fight to oppose a data center’s construction between residents and the Ashville Fiscal Office, April Grube, is being appealed to the Ohio Supreme Court. Some Ashville residents are asking the state supreme court to intervene and order a referendum to vote on EdgeConneX’s data center construction agreement. The residents gathered enough signatures to bring resolution 06-2026, the construction agreement, to a village-wide vote. However, Grube rejected the petition, finding that resolution 06-2026 did not qualify to be brought because it was an emergency measure, and it was administrative, not legislative. Now, residents are asking the state’s highest court to intervene.
Oklahoma
Oklahoma Supreme Court to decide legality of state question signature purge
Oklahoma Secretary of State Benjamin Lepak rejected State Question 836, a petition to reform the state’s primary system from a closed primary to an open primary. Lepak invalidated over 57,000 signatures from the over 200,000 that were turned in, but Lepak failed to provide a specific reason for each signature’s rejection. As a result, a supreme court referee heard arguments between Lepak’s attorney and State Question 836’s attorneys and will deliver a report to the court for it to make its assessment.
AG Drummond sets sights on Allstate with new fraud lawsuit
After the Oklahoma Supreme Court rejected Attorney General Gentner Drummond’s attempt to intervene on behalf of a class action lawsuit against Allstate Insurance, he has now filed his own case in state court in Cleveland County.
Oregon
The Oregon Supreme Court will hear arguments for a class action lawsuit seeking to hold PacifiCorp accountable for its role in causing the Echo Mountain fires. The court must determine if PacifiCorp is liable to pay $2.2 billion in damages to the 2,000 fire victims. The court agreed to take up the case after an appellate judge panel rejected the lawsuit. However, one of the judges on the panel had previously represented PacifiCorp while in private practice and failed to recuse herself from the case or disclose her past representation.
Utah
Families await Utah Supreme Court decision on school voucher program
An ongoing legal battle beginning in April 2025 challenging the state’s school voucher program is still awaiting an answer from the state supreme court. Both parties’ briefs were filed earlier this year. However, a series of potential changes to the court, including its expansion and two vacancies due to justices’ retirements, could affect when the court’s final decision can be made.
