State of Justice: September Keep Your Eyes On
Alaska – Alaska Supreme Court to hear arguments in Kotzebue police shooting lawsuit
The Alaska Supreme Court heard oral arguments in a case that could redefine the scope of qualified immunity in the state. In 2022, Luke Outwater was shot twice in the chest by a Kotzebue police officer when responding to a call about Outwater’s mental health crisis. Outwater then sued the city and the officer who shot him, claiming that the officer failed to de-escalate the situation properly. The city contends that Outwater had a knife with him and failed to comply with the officer’s demands.
Hawaii – Disputed Tiebreaker Spurs New Rematch Request Of Supreme Court
Under state law, if an election ends in a tie between two candidates, the election must be settled by random lot. Two primary elections ended in ties: state senate District 20 and state house District 43. In the state house election, the losing candidate of the draw, Rep. Kanani Souza, contested the random draw. The state supreme court sided with Souza and ordered a redo of that election, finding the state acted improperly when it ordered the tie-breaking procedure because it failed to consider the impact of two invalid ballots on the election outcome. Now, state Senator Kurt Fevella, the losing candidate for District 20, is asking the court to intervene in his contest and order a new election.
Illinois – Illinois Supreme Court to Hear Arguments Sept. 24 on Whether Serious CPD Discipline Hearings Must Take Place in Public
This month, the Illinois Supreme Court heard oral arguments in a case that could impact police misconduct disciplinary proceedings. Currently, the Chicago Police Board is charged with publicly reviewing and disciplining officers, with an opportunity for public input, but the Chicago Police Union wants to change that system to allow private arbiters to determine discipline for officers accused of misconduct. An arbitrator previously found that officers who could be suspended for at least a year or terminated could have their cases reviewed in closed-door arbitrations. The city council rejected that ruling, and the council challenged the rejection in court. A lower-court judge found that officers have a right to arbitration, but those hearings must be public. The police union appealed that decision, leading to the legal battle now before the supreme court.
Iowa – Iowa Supreme Court to hear case in Spirit Lake
The Iowa Supreme Court will hear Andrew Perry’s case against Dordt University. Perry is suing the university after being denied a religious exemption to receiving the COVID-19 vaccine. A lower court ruled for the university, finding that Perry did not have sincere religious beliefs underlying his opposition to vaccination.
Indiana – Indiana Supreme Court weighs limits of religious exemptions to abortion ban
The Indiana Supreme Court heard oral arguments in a case brought by the ACLU of Indiana and Hoosier Jews for Choice challenging the state’s near-total abortion ban under the 2015 Religious Freedom Act. The lawsuit seeks to create a religious exemption for people whose beliefs dictate that an abortion must be performed even if the ban prohibits it. The state, however, argued that too many circumstances remained undetermined to create an exemption, and that because religious burden cannot be determined without that context, the women have no standing to bring their challenge. The ACLU argued that the ban has already impacted the women and has changed their behavior.
Louisiana – A $421M jury award against Blue Cross heads to the Louisiana Supreme Court
St. Charles Surgical Hospital and Center for Restorative Breast Surgery is suing Blue Cross Blue Shield of Louisiana for authorizing over 7,800 surgeries and reimbursing the hospital only 9% of the bill. A jury first found Blue Cross liable for fraud and ordered a $421 million award, which has since grown to over $655 million with interest. On appeal, a circuit court reversed the judgment and ordered a new trial due to issues raised by Blue Cross. One issue was that the jury was improperly educated on what fraud is. Now, the hospital is seeking to reinstate the jury verdict.
Nevada – Live Nation’s Ticket Arbitration Battles Head to Second Circuit, Nevada Supreme Court
The Ninth Circuit Court of Appeals is asking the Nevada Supreme Court to step in and answer questions about state-law interpretation to resolve an arbitration appeal against a Live Nation ticket subsidiary, Front Gate Ticketing Solutions. The Ninth Circuit is asking the state supreme court to determine if Front Gate can force arbitration at the same time it argues that it can rewrite the terms of the agreement at any time; in other words, does Front Gate forfeit its right to forced arbitration if it wants to reserve the right to rewrite contract terms at any point? The state supreme court must answer this question before the case can continue in federal court.
North Carolina – TikTok tries to dodge ‘addictive’ design claims in North Carolina
The North Carolina Supreme Court heard oral arguments in a case the state brought against the social media app TikTok and its parent company, ByteDance. The state’s lawsuit, originally filed in 2024, argues that TikTok deliberately and predatorily targets North Carolina residents, exploits data mined from user accounts to target ads, and encourages continued use. Attorneys for the app argue that state court is not the proper venue because ByteDance has not intentionally started business in North Carolina. The state, however, points to the data and user agreements, deceptive safety and moderation features, personal data mining, and TikTok’s profits from targeted ads.
Pennsylvania – Attorneys urge Pa. Supreme Court to apply second-degree resentencing ruling retroactively
In March 2026, the Pennsylvania Supreme Court overturned the state’s mandatory life sentence for second-degree murder or felony murder, which is a murder that is committed during a felony that was not originally intended to occur. Following that decision, the court gave the legislature until July to develop new sentencing guidelines for when individuals in prison for second-degree murder would be eligible for parole. Split along party lines, the legislature failed to pass new guidelines and will not reconvene until this month. As a result, King’s Bench appeals were filed on behalf of the 1,200 people serving prison time for felony murder. King’s Bench petitions are filed directly to the state supreme court to bypass the trial and appellate processes.
Pennsylvania – These cases could reshape the way Pa. treats users who are accused of supplying drugs in fatal overdoses
Currently, Pennsylvania law allows for charges for a drug delivery resulting in death, so if someone supplied a friend with drugs and the friend died from using the drugs, the person who gave them the drugs in the first place can be charged with their death. Between 2021 and 2025, prosecutors filed this charge more than 680 times, making Pennsylvania a national leader in this type of case. Now, the court is reviewing what it means when the impacted individuals “jointly and constructively acquire and use drugs.” The case before the court consolidates two appeals. The case highlights an issue that was originally raised when the law first passed: does this law make it safer for people to do drugs, or does it increase fear, which then leads to unreported overdoses and death?
West Virginia – Advocacy groups to ask State Supreme court to decide jurisdiction in Tucker gas plant permit appeals
After a West Virginia Immediate Court of Appeals decision, the West Virginia Supreme Court of Appeals is likely to hear a challenge to the construction of a Fundamental Data natural gas plant and data center being proposed in Tucker County. The Sierra Club, Tucker United, and the West Virginia Highlands Conservancy are challenging the issuance of the air quality permit, and Friends of Blackwater, Highlands Conservancy, and Tucker United are challenging the confidentiality claims granted to Fundamental Data during the permitting process. The appellate court dismissed the challenge to the air quality permit, finding it moot since the Department of Environmental Protection already issued the permit. On the confidentiality claims, the appellate court said it was not the right venue and found the case should be litigated before the state supreme court of appeals.
Wisconsin – As Wisconsin Supreme Court starts new term, Planned Parenthood challenges abortion restrictions
Planned Parenthood of Wisconsin filed challenges in Dane County against two of the state’s anti-abortion laws. The first challenges the 24-hour waiting period, and the other challenges the law that only licensed physicians are permitted to provide abortions. These challenges follow the state supreme court’s decision in 2025, overturning an abortion ban that had been in place since 1849.
