Supreme Court Term 2025-2026

Congressman Darrell Issa sued to prevent California from counting mail ballots postmarked by election day and received within the following seven days, consistent with California law. If successful, literally hundreds of thousands of Californians will be disenfranchised at each election. The ACLU and its three California affiliates have sought to intervene in the case on behalf of the League of Women Voters of California to ensure that California voters are able to have their ballots counted consistent with state procedures.

Congressman Michael Bost brought suit trying to prevent Illinois from counting mail ballots that are voted by election day and received within the following fourteen days, consistent with Illinois law. The Seventh Circuit ruled that Congressman Bost lacks standing to sue. Bost sought certiorari from the U.S. Supreme Court on the question whether he has standing as a federal candidate to bring his lawsuit and have it decided on the merits.   While the ACLU strongly opposes Congressman Bost’s position on the merits and has repeatedly defended similar state laws from challenge, the rules that determine whether Bost has standing to even bring his anti-voter lawsuit also apply to civil rights groups when they bring suit to expand or protect the rights of voters.

Anthony Wainwright, who was facing imminent execution in Florida, attempted to file a petition in the Florida Supreme Court with the assistance of his pro bono counsel of choice. The court dismissed the petition only because his court-appointed refused to file it, despite the fact that Mr. Wainwright was entitled to do so under Florida law. He asked the United States Supreme Court to review his case to decide whether the Florida court’s action deprived him his constitutional right of access to the courts and his Sixth Amendment right to counsel. The United States Supreme Court refused to review the case, and the State of Florida executed him on June 10, 2025.

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.