State of Justice: August 2026 Keep Your Eyes On
Colorado
ACLU asks Colorado Supreme Court to review ruling upholding Boulder’s camping ban
After an appellate court denied the ACLU of Colorado’s lawsuit against the city of Boulder, the organization is appealing the decision to the state supreme court. The ACLU is suing Boulder over its ban on camping, arguing the law is cruel and unusual punishment against unhoused individuals.
Xcel heads to Colorado Supreme Court in eminent domain fight
The state’s utility provider is asking the Colorado Supreme Court to decide if Xcel’s Public Service Co. of Colorado had the right to seize land via eminent domain to connect two wind farms to the power grid after a lower court judge found Xcel did not have the right to obtain the land. The farms could add as much as 1GW to the grid, but the wind farm’s finalization is up in the air as this eminent domain dispute continues through the courts.
Hawaii
Hawaii Supreme Court takes up Tommy Waters’ eligibility appeal, sets expedited schedule
The Hawaii Supreme Court will hear an expedited appeal to determine whether the circuit court erred in disqualifying Tommy Waters from being on the ballot. Waters was disqualified from the ballot because Honolulu law prohibits an elected official from serving more than two consecutive terms, but Waters claims it did not apply to him this cycle because he was elected to his first term via a special election and served a shorter term than intended. The court will hear oral arguments on August 25.
Indiana
Indiana Supreme Court to rule on whether state associations can sue on behalf of their members
The Indiana Supreme Court is set to hear oral arguments in a case that could impact the way lawsuits are filed in the state. After Citizens Action Coalition of Indiana and Vote Solar sued Duke Energy over the construction of a natural gas plant, Duke Energy attorneys are asking the state supreme court to determine if Citizens Action and Vote Solar can even file the lawsuit on behalf of its members. This decision could impact not just citizen groups like this but also unions and trade associations and even groups like the NRA’s ability to challenge laws in state court.
Michigan
Michigan Supreme Court asked to block money-out-of-politics question
The Michigan Supreme Court is being asked to reverse the bipartisan Michigan Board of State Canvassers’ certification of signatures for a petition initiative seeking to block money in politics in Michigan. The initiative seeks to outlaw political contributions from utility providers and government contractors. Protect Free Speech MI, opponents of the petition, claim the elections board erred in certifying the signatures, arguing that it validated only a portion of the signatures and used that as the basis for approval.
North Carolina
Texas’ Paxton leads GOP AGs supporting Jackson’s Chemours suit
North Carolina Attorney General Jeff Jackson’s lawsuit against chemical manufacturing giants Chemours and Dupont just gained GOP allies. Jackson is suing Chemours and DuPont over PFAS, or “forever chemicals,” contamination. As a result, Chemours and Dupont are challenging Jackson’s ability even to litigate the issue. Now, a coalition of 10 conservative attorneys general are defending Jackson.
Nevada
Nevada justices hear arguments over secrecy of records in active criminal cases
The Nevada Supreme Court heard oral arguments in a case that could have lasting impact on the state’s open records law. After Tyler Baehr, a former Reno police officer, copied personal and intimate photos from Erika Bluth’s phone during a traffic stop, Bluth filed a records request for the body camera footage as well as related documents with her name in it, but Bluth was denied access. Subsequently, a county district court judge ordered the city to give Sparks access to redacted versions of the records. The case then gained traction with the public. Now, attorneys for media organizations are asking the state supreme court to determine if the public, not just Bluth, should have access to those records.
Virginia
Power line legal battle heads to Virginia Supreme Court: What you need to know
Northern Virginia residents challenging the construction of a Dominion Energy power line are asking the state supreme court to step in and delay the project. Before the supreme court, residents had unsuccessfully asked the Virginia State Corporation Commission to delay the project.
West Virginia
South Charleston’s beekeeping ban going to West Virginia Supreme Court of Appeals
Alex Urban is challenging the city of Charleston’s ban on beekeeping before the state supreme court. The ban mandates 30 days in jail and/or a $500 fine if a person is found keeping bees. Urban claims the ban contravenes the West Virginia Cottage Law Act, which allows the production and sale of honey. Urban lost at the appellate level.
Wisconsin
Appeals court upholds Act 10, likely sending case to Wisconsin Supreme Court
In late July, a Wisconsin appellate court upheld Act 10, a landmark bill that eliminated collective bargaining rights for almost all state and local public employees, which overturned a district court decision. Now, because of the split, unions are likely to appeal to the state supreme court, which is currently controlled by progressives.
