State of Justice: January 2026 Keep Your Eyes On
Alabama
Alabama Supreme Court considers whether police can demand ID
The Alabama Supreme Court is reviewing Pastor Michael Jennings’ case against the city of Childersburg and the Childersburg police. Jennings was watering his neighbor’s flowers when he was approached by police and asked for identification. Jennings identified himself as Pastor Jennings, who lived in the neighborhood, but did not provide additional ID. Police arrested Jennings and charged him with obstructing governmental operations, which were later dropped. Now the supreme court must determine whether the police had authority under state law to compel Jennings to produce further ID.
Florida
In a 4-3 decision, the Florida Supreme Court overturned two lower court decisions, finding that a sperm donor, Angel Rivera, relinquished his parental rights when he agreed to give his sperm to a couple for an at-home artificial insemination. Following that couple’s divorce, Rivera filed for parental rights. The court’s decision centers on a 1993 law centering around sperm donation and assisted reproductive technology, finding the law did not apply to this at-home procedure, but only to clinical inseminations. The three dissenting justices warned of the majority decision’s consequences and pointed out that it could open the door to future parentage claims for children conceived in similar scenarios or outside the legislation’s scope.
Georgia
Georgia high court wants tougher discipline for lawyer who took part in Jan. 6
A unanimous Georgia Supreme Court ruled that William McCall Calhoun, an attorney, should be disbarred for his actions during the January 6 insurrection, despite the state bar’s recommendation that he be reprimanded. Calhoun’s law license was suspended after his felony and misdemeanor convictions for taking part in January 6. That felony was reversed following a U.S. Supreme Court decision, and Calhoun received a pardon from President Trump. Despite the pardon, the court found that Calhoun willingly and knowingly intended to take part in the insurrection to overturn the 2020 election. The court returned Calhoun’s discipline to the state bar.
Idaho
Idaho Supreme Court schedules arguments on private education tax credit
The Idaho Education Association, Moscow School District, and advocacy groups are challenging the state’s “Parental Tax Choice Credit.” The credit provides up to $5,000, or in some circumstances up to $7,500, to help cover tuition and other expenses. The challenge to the tax credit centers on the state constitution’s provision that requires the legislature to “establish and maintain a general, uniform and thorough system of public, free common schools,” arguing that the program does not reimburse schools but rather compensates parents because the credit also covers education-related expenses. The supreme court heard oral arguments on January 23.
Indiana
Indiana Supreme Court Asked to Restore Public Access to Terminated Pregnancy Reports
An anti-abortion advocacy group, Voices for Life, is asking the Indiana Supreme Court to release terminated pregnancy reports publicly, that detail information—including their name—about people who had a pregnancy terminated. Under court procedure, the opposing party has 20 days to respond and the anti-abortion group has 10 days to reply. There is no indication of when, or even whether, the court will take up the case. If the court takes up the case, its decision could have a profound impact on pregnant people’s rights, potentially violating patients’ privacy as well as opening the door to harassment of patients and other threats.
Maine
State Supreme Court considers dismissing State of Maine from indigent defense lawsuit
A part of the ongoing lawsuit filed by the ACLU of Maine against the state attorney general for failing to provide adequate indigent defense is before the court. The state claims it is covered by sovereign immunity against the lawsuit. Now, the court must determine whether the state attorney general is the proper defendant in the case or whether it should fall to the Maine Commission on Public Defense Services. This is just one aspect of the ACLU’s case; even if the court rules for the state, other parts of the case may proceed.
Maryland
Maryland Supreme Court weighs future of local climate deception lawsuits
The Maryland Supreme Court heard arguments in a case seeking to hold big oil companies like BP and ExxonMobil accountable for their role in climate change. The lawsuit, brought by three Maryland counties, argues that the companies deceived consumers and lied about the potential environmental and climate change harms of their products. Should the court rule in the counties’ favor, the court would follow state supreme courts in Hawaii and Colorado in finding that big oil companies deceived customers.
Massachusetts
Mass. high court to hear Quincy’s controversial saint statues case
The Massachusetts Supreme Judicial Court will decide whether the city of Quincy’s proposal for two statues of Catholic saints for firefighters and police in the city’s public safety building violates the Massachusetts Declaration of Rights’ establishment clause, which bars the government from promoting one religion over others. Quincy’s mayor argues that the statues were chosen because of their longstanding connection with firefighters and police officers. The ACLU and other civil liberties organizations argue that it violates the state constitution. Oral arguments will likely take place in April or May.
Michigan
Michigan Supreme Court to hear challenge to terroristic threatening law
The Michigan Supreme Court will determine if the state’s anti-terrorist threat law violates First Amendment free speech rights. Currently, the state law is ambiguous. The U.S. Supreme Court ruled that a guilty mindset or intent must first be determined before it can be a free speech violation. The state appeals court ruled that the court should be broadly interpreted to assume intent despite the law’s ambiguity.
Michigan High Court Could Break New Ground in Limiting Excessive Sentences
The Michigan Supreme Court will hear a case that could upend the state’s “felony-murder” law. Felony-murder orders a mandatory life sentence on an individual who was part of a felony that involved a murder, even if the individual charged did not commit the murder or intend for the murder to occur. The court could be the first in the country to overrule a sentencing law like this. In the past, the court has been a leader in expanding the rights of incarcerated people and restricting state power in enforcing cruel or unusual punishment.
Michigan Supreme Court considers rule to bar ICE civil arrests during court proceedings
A publicly proposed comment before the Michigan Supreme Court could prohibit ICE from executing any civil arrests in Michigan courthouses. Civil arrests are conducted with administrative warrants, which differ from those conducted with judicial warrants. The court considered the rule in a public hearing on January 14. The rule itself garnered tremendous attention and received over 2,500 comments.
Minnesota
Minnesota Supreme Court questions limits of confidentiality for sexual assault counselor
Sexual assault counselor Laurissa Wredberg is challenging her termination from Canvas Health after she refused to disclose one of her patient’s location as part of an ongoing investigation. Wredberg sued her employer under the state’s whistleblower act, claiming she had a duty to maintain her patient’s confidentiality and should not have been fired. The Supreme Court must determine whether the Whistleblower Act applied to Wredberg’s termination because she had a “good faith” belief that disclosing information about her patient would violate her patient’s confidentiality.
Missouri
The Missouri Supreme Court must determine whether the legislature acted legally when it passed a law changing the requirements for ballot initiative summaries. The law also allows the state attorney general to appeal any preliminary injunctions against ballot summaries and other state laws and constitutional matters. The central challenge to the law is that it covers two subjects: ballot initiatives and the attorney general’s powers.
North Dakota
North Dakota’s first female chief justice: ‘I certainly hope that I won’t be the last’
For the first time since 1920, the year women were allowed to serve on the North Dakota Supreme Court, the court finally has its first female chief justice. Chief Justice Lisa Fair McEvers was sworn in as chief justice earlier this month. Fair McEvers first joined the court in 2014, after being appointed by Gov. Jack Dalrymple (R).
Ohio
Ohio Supreme Court will decide future of solar projects across the state
The Ohio Supreme Court must now define “public interest” when weighing the construction of solar farms across the state. The court has heard multiple cases from across communities challenging the construction of these plants. Now, the court must determine how to balance community concerns and the necessity of expanding the power grid and forms of power. Additionally, the court must determine if political pressure from communities is a factor in these considerations.
Texas
Texas Supreme Court to hear SpaceX beach closure case at UTRGV
The Texas Supreme Court will hear a challenge to the state’s closure of public beaches during SpaceX activities on March 5. Cameron County used to have exclusive authority to close beaches, but that authority was transferred to Starbase after legislation was passed in 2025. Starbase was later then made into a municipality after an election last December. Of note, Starbase’s mayor is SpaceX’s VP of test and launch operations. The plaintiffs argue that the closures violate the Texas Open Beaches Amendment, which mandates 24/7 public access to beaches.
Holberg, Roberson Texas death row appeals to watch in 2026
Three incarcerated individuals on death row will have their cases reheard due to appeals before the Texas Court of Criminal Appeals. Robert Roberson and David Wood currently have appeals before the court due to new evidence in their cases. Roberson specifically was sentenced to death row due to his infant dying to now-debunked shaken baby syndrome. Holberg’s capital conviction was overturned and is now awaiting a final hearing by the court.
Utah
Legislature appeals redistricting case to Utah Supreme Court
The Utah Supreme Court may determine the future of the state’s congressional maps after legislators appealed a lower court decision that overturned the maps.
Washington
WA Supreme Court hears arguments on 2024 natural gas initiative
The Washington Supreme Court heard oral arguments in a case challenging a 2024 voter-approved initiative. The Republican-led initiative protects residents’ access to natural gas services. The court will determine whether the initiative’s language was too broad and covered more than a single subject, and whether the initiative violated the constitution’s requirement that the amendment’s effect be written clearly.
Wisconsin
Wisconsin Supreme Court appoints three-judge panels to hear challenges to congressional maps
The Wisconsin Supreme Court appointed a three-judge panel to hear challenges to the state’s congressional maps, the first step in a legislatively mandated appeals process for district maps. The challenge seeks to overturn the supreme court’s 2022 maps. The court’s redraw followed the least-changes doctrine to the 2011 congressional maps drawn by the conservative-controlled legislature at the time. The challenge and the court’s appointment of the judge panel is the first step towards new maps for the 2026 election.
Wyoming
Attorney General’s Office asks Wyoming Supreme Court to rehear abortion case
Following the Wyoming Supreme Court’s decision to overturn two abortion bans in early January, the state attorney general is now asking the court to revisit those cases, claiming the justices made errors in examining the law.
