Supreme Court Term 2025-2026

This case in the New York Court of Appeals (the highest New York state court) asks whether a government agency can conceal guidance that it issues to judges on how to apply the law in adjudicating cases. A few years ago, news reporting brought to light that a New York administrative agency has a practice of issuing such guidance to state court judges without disclosing it to the public. Because the agency's guidance informs how judges decide cases—with important implications for people’s rights—the New York Civil Liberties Union requested access to it under New York’s Freedom of Information Law. The agency denied the request, so the NYCLU sued. The NYCLU and the ACLU’s State Supreme Court Initiative are arguing that the public is entitled to the guidance and that there is a strong public interest in the transparent administration of justice.

This case asks whether the state can arrest, charge, and convict someone under Montana’s obstruction statute for exercising their federal and state constitutional right to record police officers in public spaces. The defendant was filming a traffic stop when police instructed him to move farther away. When he did not move as far as they wanted, they arrested him for obstructing a peace officer. The ACLU’s State Supreme Court Initiative, along with the ACLU of Montana, filed an amicus brief in support of the defendant arguing that the officer’s refusal to allow the defendant to peacefully record police activity from a public sidewalk was, in effect, a content-based restriction on speech that could not be justified under strict scrutiny. Even if the restriction was not content-based, our brief argues that it is not a reasonable time place or manner restriction.

The ACLU has joined a lawsuit defending the interests of trans student athletes in Connecticut.

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.