Supreme Court Term 2025-2026

A group of midwives and doctors filed a lawsuit in state court challenging actions by the Alabama Department of Public Health (ADPH), which imposed a de facto ban on freestanding birth centers throughout Alabama. Birth centers provide midwifery care to low-risk pregnant patients, a model of care that is proven to be safe and beneficial to patients. Despite that, ADPH took actions that forced one center to abruptly shut down in 2023 despite a perfect safety record, and then passed onerous regulations that would require birth centers to meet hospital-like standards, preventing birth centers from operating in the state. After hearing oral argument in late September 2023, the Circuit Court of Montgomery County granted our request for a Preliminary Injunction on September 30, 2023, preventing ADPH from refusing to timely license freestanding birth centers that comply with nationally-recognized safety standards for birth centers while litigation continues. In May 2025, the Fifteenth Judicial Circuit Court issued judgment in Plaintiffs’ favor on Plaintiffs’ threshold claim that freestanding birth centers are not “hospitals” under Alabama law and, therefore, the Alabama Department of Public Health (ADPH) has no authority to require them to be licensed as such. However, on appeal in January 2026, the Alabama Court of Civil Appeals reversed the lower court's decision, and in May 2026, the Alabama Supreme Court declined the Plaintiffs’ request for further review, leaving the Civil Appeals Court’s decision in place. The case now returns to the Circuit Court of Montgomery County where Plaintiffs will continue litigating other claims arguing that, even if ADPH has authority to require licenses for birth centers, the specific licensing rules ADPH adopted for freestanding birth centers unlawfully burden Alabamians’ access to birth center care.

An individual detained by Immigration and Customs Enforcement (ICE) sued the Trump administration over lack of access to legal counsel and unsafe conditions at 26 Federal Plaza, a federal building in New York where more than 100 people have been confined, sometimes for weeks, to a temporary holding facility operated by ICE. The holding facility is only meant to temporarily hold people who are immigrants for a matter of hours as they are processed before release or transported to a longer-term detention facility. It has no beds, showers, or adequate medical support. However, as ICE has increased its arrests of immigrants, it has packed people into the holding cells at 26 Federal Plaza, where they are detained for extended periods of time, often for a week or more. Detained individuals have estimated that ICE has packed between 70 to 90 people into a room of approximately 215 square feet.

The American Civil Liberties Union (ACLU), the National Center for Youth Law (NCYL), and the New York Civil Liberties Union filed a lawsuit to demand transparency from the Trump administration regarding its treatment of pregnant unaccompanied immigrant youth in federal immigration custody. The lawsuit seeks to enforce the ACLU and NCYL’s February 2025 Freedom of Information Act (FOIA) request for records and correspondence from the Office of Refugee Resettlement (ORR), which oversees the care and custody of unaccompanied immigrant youth until they are placed with a sponsor, usually a family member in the United States. The release of this information is important to monitor whether the Trump administration is ensuring that these marginalized young people have access to the full range of pregnancy-related care while in government custody, as is required by law.

On April 11, 2025, the ACLU and ACLU of Maine filed a lawsuit on behalf of two human rights advocates who, because of an executive order signed by President Trump, have been forced to stop humanitarian work with the International Criminal Court.