In 2020, in Held v. Montana, sixteen youth plaintiffs challenged Montana’s energy policy as violating the Montana Constitution. After several years of litigation, the Montana Supreme Court affirmed that Montanans have a constitutional right to a clean and healthful environment. In January 2026, Montana youth filed a second case, Held II, to enforce the Court’s decision after the Legislature enacted new laws that the plaintiffs contend undermine the constitutional protections recognized in the Court’s earlier decision and permit continued approval of fossil fuel projects that worsen climate harms. The State moved to transfer Held II to a different district under SB 97, a law that gives the government a special right to forum shop in cases challenging new laws and makes it significantly harder for Montanans to pursue such challenges. SB 97 thus raises serious access-to-justice concerns in this case and any others in which people are seeking relief from allegedly unconstitutional laws.

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.

On Thursday, August 18, 2022 the ACLU, ACLU of Florida, Legal Defense Fund and Ballard Spahr filed a lawsuit challenging Florida's HB7 (aka the Stop W.O.K.E. Act) on behalf of a group of Florida educators and students in higher education.

This case asks whether, in the wake of the U.S. Supreme Court’s holding in Students for Fair Admissions, Inc. v. Harvard College, a university may refuse to administer a privately funded scholarship set aside for Black students majoring in the physical sciences and redirect those funds to first-generation students instead. The district court denied the University’s petition to do so, and the case is now on appeal before the Iowa Supreme Court. The Court’s decision could have significant implications for other private scholarships that address the lasting effects of segregation.