Supreme Court Term 2025-2026

The ACLU and its Oregon affiliate are challenging the federal Drug Enforcement Administration's claim that it can access Oregonians' private prescription records without a warrant. The ACLU and the ACLU of Oregon represent a group of Oregon patients and a physician who are concerned about the impact on medical privacy and the doctor-patient relationship if federal law enforcement were permitted to access prescription records without demonstrating probable cause to a neutral judge. A district court judge ruled in February 2014 that patients have a reasonable expectation of privacy in their prescription records and that law enforcement must obtain a warrant in order to search such information. In June 2017, the Ninth Circuit Court of Appeals reversed the district court’s ruling on procedural grounds but recognized that medical records are private and sensitive and require strong legal safeguards, leaving the door open to future challenges.

The ACLU and Planned Parenthood filed a lawsuit in June 2017 challenging a new Arkansas restriction that would target reproductive health facilities with extreme and medically unnecessary overregulation and would effectively ban abortion care in Arkansas.

In 1997, the Supreme Court ruled in Reno v. ACLU that the federal Communications Decency Act (CDA) is an unconstitutional restriction on free speech. The landmark ruling affirmed the dangers of censoring what one judge called "the most participatory form of mass speech yet developed."

Whether a cause of action is available under the Constitution for violations of prisoners’ due process and equal protection rights when the prisoners were abused in immigration custody and when the government asserts that the abuse touches on national security decisions.