Supreme Court Term 2025-2026

There are serious privacy concerns raised by reports that the United States DOGE (“Department of Government Efficiency”) Service (“USDS”) has gained access to federal agency systems, including those housing sensitive information like federal payment data, student loan data or federal employee records, and may be using artificial intelligence technology in analyzing them. The ACLU submitted a FOIA request to the Office of Personnel Management (OPM) and USDS to provide the public with information on what federal records the agencies have provided to or been asked for by the USDS and if sensitive information and key decision-making has been outsourced to unvetted technology.

ICE’s use of special management units, or solitary confinement, has prompted active concern and attention from Congress, the media, and advocates. On Dec. 6, 2024, ICE announced that it had issued policy updates for the use of special management units (SMU), or solitary confinement cells, for detained immigrants. ICE, however, has not made a copy of the updated policy publicly available. We’ve sued to obtain a copy of this policy to better defend immigrants subject to solitary confinement in detention.

This case in the Oregon Supreme Court centers on whether Article I, Section 41(3) of the Oregon Constitution, which provides that Oregon prisoners lack legally enforceable rights to prison jobs and training, bars prisoners from collecting damages relating to lost prison jobs and training caused by the alleged breach of a settlement agreement by prison officials. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Oregon, filed an amicus brief arguing that plaintiff Arnold Huskey, an incarcerated individual whose identity was used in Department of Corrections training materials, is entitled to damages notwithstanding Article I, Section 41(3), because plaintiffs in contract disputes never have to show standalone legal rights to the damages they claim. Instead, they need only show that the damages were reasonably foreseeable consequences of the alleged breach of contract.