Supreme Court Term 2025-2026

Emergency lawsuit filed in federal court to again halt removals under the Alien Enemies Act for people within that court’s judicial district.  

In 2020, in Held v. Montana, sixteen youth plaintiffs challenged Montana’s energy policy as violating the Montana Constitution. After several years of litigation, the Montana Supreme Court affirmed that Montanans have a constitutional right to a clean and healthful environment. In January 2026, Montana youth filed a second case, Held II, to enforce the Court’s decision after the Legislature enacted new laws that the plaintiffs contend undermine the constitutional protections recognized in the Court’s earlier decision and permit continued approval of fossil fuel projects that worsen climate harms. The State moved to transfer Held II to a different district under SB 97, a law that gives the government a special right to forum shop in cases challenging new laws and makes it significantly harder for Montanans to pursue such challenges. SB 97 thus raises serious access-to-justice concerns in this case and any others in which people are seeking relief from allegedly unconstitutional laws.

In April 2023, a lawsuit was brought challenging a California Department of Education policy preventing public school faculty from outing transgender students without the student’s consent, alleging the law violates the rights of parents. The ACLU opposes the lawsuit in the interest of protecting the privacy and safety of transgender students.

Jesse Hammons was denied a commonly performed medical procedure at the University of Maryland St. Joseph Medical Center because he is transgender. The taxpayer-owned hospital claims that providing Hammons with medical care would be a violation of their religious beliefs.