Supreme Court Term 2025-2026

Representing the ACLU of Maine, the ACLU Voting Rights Project and the ACLU of Maine filed an amicus brief in a federal lawsuit over the federal government’s demand that Maine turn over its entire voter registration rolls, including with voters’ sensitive personal data such as drivers’ license numbers and partial social security numbers.

The Department of Justice (“DOJ”) sued Maryland demanding the release of its full, unredacted voter file, which includes the highly sensitive and personal data of every voter in the state. This suit appears to be part of DOJ’s effort to build a national voter database without congressional authorization, improperly question the validity of state voter rolls, and intimidate eligible voters in Maryland and around the country.

This case asks whether the stop, search, and arrest of an individual after a traffic stop was unconstitutional under the Massachusetts Declaration of Rights. The case arises from a remarkable set of facts: although motivated by a desire to search Mr. Arias’s car for drugs, the police initiated the stop based on a day-old alleged traffic infraction and then arrested Mr. Arias for allegedly neglecting to stop his car immediately when the police initiated the stop. The ACLU joined an amicus brief authored by the ACLU of Massachusetts and the law firm Proskauer Rose, which argues that the police actions in this case were unconstitutional for three reasons. First, pretextual traffic stops, such as this one, violate the Massachusetts Declaration of Rights. Second, arrests for misdemeanors not involving breaches of the peace also violate the Massachusetts Declaration of Rights. Third, the statute prohibiting drivers from neglecting to stop is unconstitutionally vague as applied to this case.

This case is about whether people unlawfully incarcerated beyond their mandatory transfer dates under the First Step Act can file habeas corpus petitions seeking their release from prison onto prerelease custody in the community.