State of Justice: October 2026 Keep Your Eyes On
Alabama
Alabama Supreme Court hears oral arguments over SB1
The Alabama Supreme Court heard oral arguments over Senate Bill 1 (SB1), which restricts the submission of absentee-ballot applications and payment for certain application-related assistance. However, several groups challenged the law, including the Alabama State Conference of the NAACP, the League of Women Voters of Alabama, and the Alabama Disabilities Advocacy Program (ADAP). The core complaints centered on the law’s impact on voters with disabilities and their ability to receive assistance with their applications. Following a certified question from the Eleventh Circuit, the state supreme court is considering how SB1’s assistance provision applies to its submission and payment restrictions. Whether that provision exempts assistance to voters with disabilities from those restrictions remains disputed.
Colorado
Colorado Supreme Court to hear case over express lane toll evasion tickets
The Colorado Supreme Court will determine whether crossing solid white lines into an express lane qualified as toll evasion under the law in effect when driver Bowlin received a citation, even though the toll was paid. After Bowlin’s citation, the legislature amended the law to expressly include crossing those lines as toll evasion, regardless of whether the driver paid the toll. However, the appeal concerns citations issued under the earlier law, not the amended version. Bowlin challenges the toll-evasion penalty imposed in addition to the toll. Now, the state supreme court must determine whether the earlier law authorized that penalty.
Georgia
Georgia Supreme Court raises concerns over quality of legal representation
After courts raised a series of concerns about state-provided appellate legal representation, a Georgia State House committee is now taking a closer look at the state’s indigent defense system and whether it meets the legal standard for adequate representation.
Hawai’i
Supreme Court Blasts Embattled Elections Office: ‘Why Are We Here?’
The Hawai’i Elections Commission is deadlocked and has been unable to convene its commissioners since the last chair left office in June 2026. However, no replacement commissioner has been appointed, and the appointment window has passed. Additionally, the remaining commission members are deadlocked along partisan lines. Because of the deadlock, the members cannot obtain a majority to ask the elections office to convene the commission. Previously, the commissioners were only convened through the elections office and the chair. The commissioners do not have access to contact the other members. The justices, however, seemed skeptical of the commissioners’ claim that they could not figure out a way to meet with each other.
North Carolina
Stein, Briner, legislators square off in new NC Supreme Court filings
The North Carolina Supreme Court will hear oral arguments in a case challenging Senate Bill 382, a law passed in 2024 that limits the governor’s appointment powers. The law transferred some of the governor’s appointment powers for the state utilities commission to the treasurer and limits the governor’s appellate judicial selection to a shortlist of candidates provided by the retiring judge’s political party. Gov. Stein is joined by all five living former governors of North Carolina, citing serious concerns about separation of powers.
Top NC court to decide if DEQ permit delay violates property rights
Developers are challenging the Department of Environmental Quality’s ability to hold the permitting process while evaluating impact. Developers allege the delay was not “economically neutral” and amounted to a government taking of property, even though the permit was eventually issued. This case could undermine government agencies’ review powers and make agencies vulnerable to future takings claims against them if parties are dissatisfied with the permit results.
Ohio
Ohio appeals court rules EdChoice Voucher Program unconstitutional
The Tenth District Court of Appeals in Ohio has ruled the state’s EdChoice school voucher program unconstitutional. The voucher program diverts taxpayer funds intended to go to public school education to give families direct financial support toward tuition at private and religious schools; in other words, the program reduces the overall funding available for public school students. The program will not be immediately impacted while the decision is appealed to the Ohio Supreme Court.
Texas
Texas Supreme Court could allow AI-generated transcripts of depositions
The Texas Supreme Court is weighing whether AI-generated transcripts should be allowed as evidence when filed with verified video recordings. Historically, only transcripts by certified shorthand reporters or recorders were allowed. This could widen access to justice. However, at the same time, courtrooms across the country have been wary of the use of AI, specifically in court filings due to nonexistent case citations.
Media Advisory: Texas Supreme Court to Hear Case on Expanding Texas Public Information Act
The Texas Supreme Court could potentially expand the information available to the public under the Texas Public Information Act. Currently, parties may shield information from release if it is related to attorney-client relations in a present matter before a court. TPPF is seeking to limit that exception to only certain documents.
Utah
Utah Supreme Court hears legal challenges to the legislature’s new ‘constitutional court’
In February 2026, the Utah legislature passed a law creating a new court specifically to hear challenges to the state laws. There are a number of lawsuits challenging recent legislative actions such as the state’s abortion ban, redistricting initiatives, and fossil fuel regulations. In each case, the state is attempting to switch venues from the current appellate process and divert the cases to these new courts, the groups behind the lawsuits allege. After losing at the lower-court level, the state attempted to move the cases. Now, the state supreme court must determine the legitimacy of this new court before the other cases can move forward.
West Virginia
West Virginia Supreme Court to hear arguments in school vaccine case
The West Virginia Supreme Court of Appeals agreed to hear a challenge to the state’s school vaccine requirement. The state board of education is appealing to the supreme court after a lower-court judge ruled that the board cannot enforce the vaccination requirement on individuals with a religious or philosophical exemption. A date for oral arguments has not been set yet.
Justices consider state Democrats’ challenge of 2025 appointment to WV House seat
Former state delegate Joseph de Soto was removed from office after making a series of threats to Republican colleagues in the state house. De Soto was originally elected as a Republican but switched to the Democratic party shortly before being removed from office. The house removed de Soto from office after passing a resolution, and a Republican was appointed to replace him. State law at the time required that the successor had to be of the same political party. However, between the appointment and the lawsuit, the legislature changed the law to require the successor’s party to match the vacating officer’s party at the time of election, meaning the legislature rewrote the rules to ensure a Republican, not a Democrat, would take the seat. During oral arguments, the justices questioned the case’s real impact given the November election. The replacement delegate would only serve a limited term (three months) before the new term.
