Supreme Court Term 2025-2026

In Arkansas State Conference NAACP v. Arkansas Board of Apportionment, the 8th Circuit became the first federal appeals court to rule that private plaintiffs cannot enforce Section 2 of the Voting Rights Act. In doing so, the court left open the question whether private plaintiffs could enforce Section 2 through an alternative civil rights statute, 42 U.S.C. § 1983. In this case, a divided panel on the 8th Circuit has held that plaintiffs may not use Section 1983, either. If the holding stands, Section 2 of the VRA will be functionally out of reach for voters across the 8th Circuit in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. On behalf of the NAACP Arkansas State Conference and the Arkansas Public Policy Panel, the ACLU and ACLU of Arkansas has filed a brief supporting the plaintiffs' request that the full Eighth Circuit rehear and correct this decision.

On March 5, 2025, the ACLU and its allies filed an amicus brief with the U.S. Supreme Court arguing that the First Amendment does not prohibit states from offering limited, categorical religious exemptions or from distinguishing between religious and nonreligious entities and activities in assessing the applicability of exemptions.

A Kentucky woman who was pregnant and seeking an abortion filed a lawsuit in Jefferson County Circuit Court seeking to restore access to abortion in the Commonwealth by challenging two abortion bans under the state constitutional rights to privacy and self-determination. The case details the severe harms that Kentuckians seeking abortion, like Plaintiff Mary Poe suffer because the government denies them access to the care they need. The lawsuit also requests the court certify a class of all pregnant individuals who seek access to abortion in the Commonwealth but cannot obtain that care because of Kentucky’s abortion bans.

Nine Oklahoma residents and a nonprofit organization dedicated to supporting public education in Oklahoma filed a lawsuit in July 2023 in state court to stop Oklahoma from sponsoring and funding the nation’s first religious public charter school, St. Isidore of Seville Catholic Virtual School. The plaintiffs are faith leaders, public school parents, and public education advocates who object to their tax dollars funding a public charter school that will discriminate against students and families based on their religion and LGBTQ+ status, fail to adequately serve students with disabilities, and indoctrinate students into one religion — all in violation of Oklahoma law and our country’s promises of the separation of church and state and public schools that are open to all.