State of Justice: May 2026 Keep Your Eyes On
Colorado
Last year, the Colorado Supreme Court ruled that ski pass liability waivers cannot completely waive all negligence claims made under the Colorado Ski Safety Act and the Passenger Tramway Safety Act. Due to the court’s reinstatement of some negligence claims, another case seeking further clarification on ski pass liability agreements is before the state supreme court. In 2020, John Litterer was hit by a snowmobile driven by a resort employee while snowboarding. Litterer is claiming the resort and the driver were negligent when he was struck. The justices must determine if the waiver of all claims in the ski pass agreement applies to this instance or if the court has a duty to step in and further limit the agreement’s broad language.
Indiana
Abortion ban religious exemption case headed to Indiana Supreme Court
The Indiana Supreme Court will hear a case challenging the state’s abortion ban, arguing it violates the state’s Religious Freedom Restoration Act. The ACLU of Indiana is bringing the lawsuit on behalf of two women – one Jewish woman and one woman with no set religion. The Jewish woman argues that Jewish beliefs dictate “if her health or wellbeing — physical, mental or emotional — were endangered by a pregnancy, a pregnancy-related condition, or a fetal anomaly, she must terminate the pregnancy.” The other woman believes that if she cannot “fully realize her humanity and inherent dignity,” she must be able to terminate her pregnancy. Oral arguments for the case are scheduled for September 10.
Massachusetts
Massachusetts Supreme Judicial Court hears case of religious statues at Quincy government building
In October 2025, a superior court judge issued an injunction against the Quincy mayor’s plans to install two Catholic saint statues in front of the city’s public safety building. The statues’ construction was challenged by over a dozen Quincy residents, who argue that the statues would violate Article 3 of the Massachusetts Declaration of Rights. The city is appealing the superior court decision, and now the Massachusetts Supreme Judicial Court must determine if the city may continue with the installation or if the statues signify government support for Christian faiths.
Mississippi
Special session to focus on redrawing Mississippi Supreme Court districts
Due to the U.S. Supreme Court’s decision in Louisiana v. Callais that gutted the last remaining protection for voters in the Voting Rights Act, Mississippi Gov. Tate Reeves (R) called but then rescinded a call for a special session for state lawmakers to redraw the state supreme court district maps. The special session was to begin on May 20, but the U.S. Circuit Court for the Fifth Circuit vacated the federal district court’s redraw order.
Montana
Gallatin Co. attorney asks Montana Supreme Court to settle ICE data access dispute
The Montana Supreme Court will now intervene in a dispute between Gallatin County Attorney Audrey Cromwell and state Attorney General Austin Knudsen. Knudsen attempted to compel Cromwell to share confidential criminal justice information with ICE officials without warrants. Cromwell refused, arguing that historically, judges must review records before they are released.
Nevada
ACLU asks Nevada Supreme Court to reconsider ruling that keeps some school police records hidden
The ACLU of Nevada is appealing a lower court decision blocking the release of records related to a use-of-force incident between a school police officer and a high school student. The ACLU sued to compel the school district to release body camera footage and internal documents related to the incident. The ACLU was successful in getting the footage and some documents released, but they were denied access to releasing the investigative file. The school district settled with the affected students, paying $1 million. Now, the ACLU is asking the state supreme court to force the school district to release the investigative file.
Ohio
$620 property tax debt cost him his house. Ohio’s Supreme Court will decide if the county owes him
The Ohio Supreme Court will determine if Cuyahoga County officials acted properly when they seized numerous residents’ homes after the residents failed to pay their property taxes. The county obtained the properties’ title rights and sold them at auction to cover the owed funds. The residents are arguing that the county did not pay them the surplus equity on the properties and instead kept the funds. The plaintiffs lost at the trial and appellate levels.
Oklahoma
Oklahoma Supreme Court considers attorney general’s role in State Farm case, alleging payout scheme
The Oklahoma Supreme Court will decide if Attorney General Gentner Drummond can intervene in an ongoing lawsuit between homeowners and State Farm Insurance for claims denials that residents and the attorney general’s office believe are part of a larger scheme by State Farm to raise rates across the state. Drummond is attempting to intervene in the case, claiming that the issue is not limited to State Farm and extends to other insurers. State Farm is seeking to block Drummond from intervening, arguing that this responsibility falls under the insurance commissioner.
Oregon
Wildfire survivors ask Oregon Supreme Court to take on PacifiCorp case
After an appellate panel of judges denied a series of payments totaling $1.2 billion to survivors of wildfires in 2020, the survivors are asking the Oregon Supreme Court to intervene on their behalf. In 2020, PacifiCorp owned live wires that fell down in wooded areas, and the downed live wires sparked over 2,000 wildfires across Oregon, resulting in 11 deaths and the destruction of over 3,000 buildings. In their appeals, plaintiffs specifically raised concerns about one of the judges on the appellate panel, Judge Anna Joyce. Before joining the bench, Joyce represented PacifiCorp for six years.
Pennsylvania
Pennsylvania Attorney General seeks to overturn court ruling that recognized abortion as a right
Republican Attorney General Dave Sunday is appealing a ruling blocking the commonwealth’s Medicaid abortion ban to the state supreme court. Sunday said he has a duty to defend Pennsylvania’s rule of law. However, Democratic Gov. Josh Shapiro previously declined to defend the ban, meaning the Department of Human Services and reproductive care providers challenged it in a lower court with no state representatives defending the law. As a result, the plaintiffs won the challenge.
Utah
Utah Supreme Court to hear challenges to new ‘constitutional court’ law
Several lawsuits before the Utah Supreme Court may alter the legislative plan governing how cases against the state or challenging state laws are heard in court. As noted in the May State of Justice Newsletter, the Utah legislature is seeking to divert the cases to a special panel of judges to hear constitutional matters. The law would apply to any new cases and retroactively to any pending cases in the state’s judicial system against the state, including a variety of appeals related to redistricting, abortion access, and climate change.
West Virginia
West Virginia Supreme Court Examines Medical Cannabis Odor as Probable Cause for Home Searches
Following the legalization of medical cannabis in West Virginia in 2017, the state’s highest court will evaluate the measure’s impacts on probable cause criteria. The case centers on Aaron Lewis’ arrest in 2020. Police officers smelled marijuana outside the home, and Lewis refused a search of the property. As a result, the officers conducted a protective sweep of the home, and evidence obtained from the sweep resulted in the police getting a warrant and finding numerous drugs on the property. Lewis’ attorneys argue the initial sweep was illegal because the smell of marijuana alone should have been insufficient probable cause.
Wisconsin
Wisconsin Supreme Court likely to boot fetal informed consent case back to trial court
The Wisconsin Supreme Court will determine if an unborn baby qualifies as a patient and is therefore entitled to claims of negligence and informed consent. Charlie Brekke, a child born via surrogate mother, had a series of complications during her birth, including a shoulder injury. Brekke has since sued the doctor who delivered the baby, Dr. Craig Bately. Brekke claimed that due to her larger size as a baby, the surrogate mother should have been advised of the possible complications that could result from birth.
Legal case over access to sensitive voter data returns to Wisconsin Supreme Court
The conservative voter advocacy group, the Wisconsin Voter Alliance, which engaged in 2020 election subversion efforts, is now asking the state supreme court to determine if Notices of Voter Eligibility forms, forms that are sent following a determination that an individual is not competent to vote, should be public records.
