Supreme Court Term 2025-2026
We’re breaking down the cases we've asked the court to consider this term.
Latest Case Updates
Ongoing
Updated August 17, 2026
Ongoing
Updated August 17, 2026
Closed
Updated August 6, 2026
Ongoing
Updated July 29, 2026
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Massachusetts
Aug 2026
Voting Rights
League of Women Voters of Massachusetts v. Trump
On March 31, 2026, President Trump issued a sweeping Executive Order titled "Ensuring Citizen Verification and Integrity in Federal Elections," seeking once again to seize control of election administration from Congress and the states. The Order directs federal agencies to compile lists of U.S. citizens and transmit them to states before every election, directs the U.S. Postal Service -- an independent agency established by Congress -- to create a list of "approved" mail voters, and instructs USPS to refuse to deliver ballots from voters not on that federally created list. If implemented, the Order would threaten the ability of millions of eligible citizens to cast their ballots, particularly military members, overseas citizens, the elderly, recently naturalized citizens, and voters with disabilities who rely on mail voting.
Oregon Supreme Court
Aug 2026
LGBTQ Rights
Prisoners' Rights
Zyst v. Miller
Following the Oregon Department of Corrections’ unconstitutional treatment of a transgender prisoner, a habeas court ordered her removal from segregated housing, an individualized gender-affirming care assessment, a psychiatric evaluation, and identification of an appropriate cellmate. However, the Oregon Court of Appeals reversed the psychiatric-evaluation and cellmate orders, finding them “too attenuated” to qualify as habeas relief. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Oregon, joined an amicus brief by the law firm Sugerman Dahab arguing that habeas courts have broad discretion to remedy violations and resulting harms. The brief explains that the Court of Appeals’ “close connection” test unduly constricts habeas relief, and which should be construed to encompass not only the need to halt ongoing constitutional violations, but also the need to mitigate various harms that may arise from those violations.
Florida
Aug 2026
National Security
+2 Issues
CAIR-Foundation, Inc and CAIR Florida, Inc. v. DeSantis et al.
The ACLU, the ACLU of Florida, the Southern Poverty Law Center, and their partners represent CAIR and CAIR-Florida in two federal lawsuits challenging Governor DeSantis’s unconstitutional and baseless designation of the nonprofits as “terrorist.” The lawsuits allege violations of CAIR and CAIR-Florida’s rights under the First Amendment and the due process clause of the Fourteenth Amendment.
Court Case
Jul 2026
National Security
Human Rights
FOIA Case Seeking the Trump Administration’s Legal Justification for Deadly Boat Strikes
The Department of Justice’s Office of Legal Counsel (“OLC”) authored a legal opinion that reportedly claims to justify the Trump administration’s illegal lethal strikes on civilians in boats in the Caribbean Sea and eastern Pacific Ocean. Media reports indicate that, in addition to claiming that the strikes are lawful acts in an alleged “armed conflict” with unspecified drug cartels, the OLC opinion also purports to immunize personnel who authorized or took part in the strikes from future criminal prosecution. Because the public deserves to know how our government is justifying these illegal strikes, and why they think the people who carried them out should not be held accountable, the ACLU is seeking immediate release of the OLC legal opinion and related documents pursuant to the Freedom of Information Act.
Arizona
Jul 2026
Prisoners' Rights
Jensen v. Thornell
UPDATE: On July 17, 2026, U.S. District Judge Roslyn O. Silver issued an order formally appointing a receiver to assume control and management of health care provided to more than 25,000 people incarcerated in Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) prisons, in a long-running lawsuit against the state prison system brought by the Prison Law Office, the American Civil Liberties Union (ACLU), ACLU of Arizona, and Disability Rights Arizona. More details here.
New Hampshire
Jul 2026
Voting Rights
Coalition for Open Democracy v. Scanlan
This lawsuit challenges HB 1569, a new law that will make New Hampshire the only state to require every person to produce documentary proof of citizenship when they register to vote for both state and federal elections. It also challenges HB 1569’s elimination a preexisting protection for voters—namely, an affidavit option that allowed voters who faced surprise challenges to their eligibility at the polls to swear to their qualifications and cast a ballot. Accordingly, HB 1569 violates the First and Fourteenth Amendments of the U.S. Constitution by placing substantial burdens on New Hampshirites at all stages of the voting process, and will arbitrarily disenfranchise hundreds, if not thousands of qualified voters.
U.S. Supreme Court
May 2026
Voting Rights
Racial Justice
Allen v. Milligan
Whether Alabama’s congressional districts violate Section 2 of the Voting Rights Act because they discriminate against Black voters. We succeeded in winning a new map for 2024 elections which, for the first time, has two congressional district that provide Black voters a fair opportunity to elect candidates of their choosing despite multiple attempts by Alabama to stop us at the Supreme Court. Despite this win, Alabama is still defending its discriminatory map, and a trial was held in February 2025 to determine the map for the rest of the decade.
In May 2025, a federal court ruled that Alabama's 2023 congressional map both violates Section 2 of the Voting Rights Act and was enacted by the Alabama Legislature with racially discriminatory intent.
U.S. Supreme Court
Apr 2026
Voting Rights
Louisiana v. Callais (Callais v. Landry)
Whether the congressional map Louisiana adopted to cure a Voting Rights Act violation in Robinson v. Ardoin is itself unlawful as a gerrymander.
Tennessee Supreme Court
Apr 2026
Capital Punishment
Tony Von Carruthers v. State of Tennessee
Tennessee plans to execute Tony Carruthers on May 21 even though they refuse to run a simple fingerprint comparison and DNA testing that could prove what Tony has been arguing for 30 years - that he is innocent of this crime and that Tennessee convicted and sentenced the wrong man to death.
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New York Supreme Court
Aug 2025
Voting Rights
Clarke v. Town of Newburgh (Amicus)
The ACLU, New York Civil Liberties Union, ACLU of Southern California, and ACLU of Northern California filed an amicus brief in the New York Court of Appeals arguing that the New York Voting Rights Act is constitutional legislation designed to combat and remedy modern forms of discrimination in voting affecting New York. At stake in this case is whether New York’s courts uphold the State legislature’s decision to protect the freedom to vote for all New Yorkers by ensuring voters are not subjected to discrimination when participating in the political process.
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New York Supreme Court
Aug 2025
Voting Rights
Clarke v. Town of Newburgh (Amicus)
The ACLU, New York Civil Liberties Union, ACLU of Southern California, and ACLU of Northern California filed an amicus brief in the New York Court of Appeals arguing that the New York Voting Rights Act is constitutional legislation designed to combat and remedy modern forms of discrimination in voting affecting New York. At stake in this case is whether New York’s courts uphold the State legislature’s decision to protect the freedom to vote for all New Yorkers by ensuring voters are not subjected to discrimination when participating in the political process.
Florida
Aug 2025
Immigrants' Rights
H.C.R. v. Noem
Immigrants’ rights advocates sued the Trump administration over lack of access to legal counsel and violations of due process for people detained at Florida’s new, notorious Everglades immigration center, a hastily constructed facility on an abandoned airstrip in the middle of the wetlands in Ochopee.
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Florida
Aug 2025
Immigrants' Rights
H.C.R. v. Noem
Immigrants’ rights advocates sued the Trump administration over lack of access to legal counsel and violations of due process for people detained at Florida’s new, notorious Everglades immigration center, a hastily constructed facility on an abandoned airstrip in the middle of the wetlands in Ochopee.
Washington, D.C.
Aug 2025
Voting Rights
Bower v. Social Security Administration
Representing itself and two journalists from Lawfare, the American Civil Liberties Union brought a lawsuit to enforce Freedom of Information Act (FOIA) requests made to the Social Security Administration and U.S. Citizenship and Immigration Services regarding changes made to the SAVE program, which has been touted as being used by states in order to remove voters from the registration rolls. While the government made public statements about the SAVE program being updated, the details of those changes, such as the particular programs and databases that have been altered, the ways they have been altered, and the nature and extent of any use and sharing of individuals’ personal information by the federal agencies entrusted with that information, have all been kept secret.
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Washington, D.C.
Aug 2025
Voting Rights
Bower v. Social Security Administration
Representing itself and two journalists from Lawfare, the American Civil Liberties Union brought a lawsuit to enforce Freedom of Information Act (FOIA) requests made to the Social Security Administration and U.S. Citizenship and Immigration Services regarding changes made to the SAVE program, which has been touted as being used by states in order to remove voters from the registration rolls. While the government made public statements about the SAVE program being updated, the details of those changes, such as the particular programs and databases that have been altered, the ways they have been altered, and the nature and extent of any use and sharing of individuals’ personal information by the federal agencies entrusted with that information, have all been kept secret.
Alabama Supreme Court
Aug 2025
Criminal Law Reform
Jennings v. Smith
This case asks whether Alabama law enforcement officers can demand physical ID when enforcing an Alabama that allows them to “Stop and Question” people they reasonably suspect of criminal activity. Although the U.S. Court of Appeals for the Eleventh Circuit has already held that Alabama’s stop-and-question law does not authorize officers to demand physical ID, a federal district court in Alabama certified a question to the Alabama Supreme Court effectively asking the Court to reject that interpretation. The ACLU’s State Supreme Court Initiative, along with the Cato Institute, the Southern Poverty Law Center, the Woods Foundation, and Kaplan Legal Services, filed an amicus brief urging the Alabama Supreme Court to agree with the Eleventh Circuit’s ruling. Our brief argues that the plain meaning of the stop-and-question law—given its title, its text, and the overall structure of the Alabama Code—rules out the possibility that it authorizes demands for physical documents. We also point out that interpreting the stop-and-question law to authorize document demands would render the law unconstitutional under both the U.S. and Alabama Constitutions.
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Alabama Supreme Court
Aug 2025
Criminal Law Reform
Jennings v. Smith
This case asks whether Alabama law enforcement officers can demand physical ID when enforcing an Alabama that allows them to “Stop and Question” people they reasonably suspect of criminal activity. Although the U.S. Court of Appeals for the Eleventh Circuit has already held that Alabama’s stop-and-question law does not authorize officers to demand physical ID, a federal district court in Alabama certified a question to the Alabama Supreme Court effectively asking the Court to reject that interpretation. The ACLU’s State Supreme Court Initiative, along with the Cato Institute, the Southern Poverty Law Center, the Woods Foundation, and Kaplan Legal Services, filed an amicus brief urging the Alabama Supreme Court to agree with the Eleventh Circuit’s ruling. Our brief argues that the plain meaning of the stop-and-question law—given its title, its text, and the overall structure of the Alabama Code—rules out the possibility that it authorizes demands for physical documents. We also point out that interpreting the stop-and-question law to authorize document demands would render the law unconstitutional under both the U.S. and Alabama Constitutions.