Supreme Court Term 2025-2026

Local library patrons, with help from the American Civil Liberties Union and ACLU of South Carolina, are suing officials in South Carolina’s most populous county for systematically purging literature by and about lesbian, gay, bisexual, transgender, and queer (LGBTQ) people from its public library collection.

OUTMemphis v. Skrmetti (formerly OUTMemphis v. Lee) is a first-of-its-kind challenge to a state-level HIV criminalization law as a violation of the Americans with Disabilities Act (ADA) and the Constitution. Plaintiffs OUTMemphis and Jane Does 1-4 seek to strike down Tennessee’s discriminatory, irrational and cruel enforcement of its “Aggravated Prostitution” law and related sex offender registration requirements.

Family members of individuals incarcerated in Adams County Jail are challenging a ban on in-person visits on the grounds that it violates their right to familial association under the Colorado Constitution. The district court denied their motion for a preliminary injunction, in part based on its ruling that individuals cannot sue directly under the Colorado Constitution to stop violations of their individual rights if other remedies are theoretically available under state or federal law. If that ruling is left to stand, state constitutional protections could exist in name only, leaving courts unable to stop violations if a plaintiff could potentially proceed under a narrower statutory claim that might provide lesser relief or fail on the facts of the case. This case could therefore have far-reaching implications for the enforceability of constitutional rights across Colorado.