Supreme Court Term 2025-2026

Civil rights groups filed a federal lawsuit on March 29, 2021, against Georgia’s sweeping law that makes it much harder for all Georgians to vote, particularly voters of color and voters with disabilities. This law spans all aspects of Georgia’s voting process, including imposing a criminal ban on providing food and water to voters waiting in line, limiting dropbox access and ballot return assistance, rejecting absentee ballots for forgetting to add a birthdate to an envelope or for failing to provide more restrictive identifying information or photo ID copies along with absentee ballots. Premised on low voter confidence and born out of the Big Lie about the 2020 election, this law targets methods of voting disproportionately used more and more by Black voters and others voters of color just as they began to exercise greater political power.

The American Civil Liberties Union and ACLU of Alabama filed a federal law suit against officials of the Alabama Law Enforcement Agency (ALEA) for depriving transgender people of driver licenses that reflect their gender. The lawsuit states that the Alabama government has violated the privacy, due process, free speech, and equal protection rights of Darcy Corbitt, Destiny Clark, and a third, unnamed plaintiff.

This petition to the Supreme Court of Maryland asked the court to reconsider its adherence to Whren v. U.S., 517 U.S. 806 (1996), which declared that a traffic stop undertaken for pretextual reasons does not violate the Fourth Amendment to the U.S. Constitution so long as the police have probable cause to believe that a traffic violation occurred. The ACLU, alongside the ACLU of Maryland, filed an amicus brief in support of the defendant’s petition, in which the ACLU argued that the court should take up the question of whether pretextual stops violate the Maryland Constitution. In September 2024, the Court denied the petition.

This case in the North Carolina Supreme Court involves the question of whether the police violated the U.S. Constitution when they searched the defendant, Mr. Wright’s, backpack even after he repeatedly said no to the search requests. The ACLU alongside the ACLU of North Carolina filed an amicus brief arguing that the search was unconstitutional because Mr. Wright’s eventual “consent” was the result of police coercion. Our brief urges the court to consider the totality of the circumstances that make one more susceptible to coercion, including race and poverty.