Supreme Court Term 2025-2026

Representing the Chippewa Cree Indians of the Rocky Boy’s Reservation and two Native American voters living in Chouteau County, Montana, the American Civil Liberties Union, ACLU of Montana, and Native American Rights Fund (NARF) challenged the holding of at-large elections for the Chouteau County Board of Commissioners. The suit alleges the system unlawfully dilutes the voting strength of Native American voters in the county and has denied them any representation on the county commission for more than a decade.

The Department of Justice sued New Mexico Secretary of State Maggie Toulouse Oliver, demanding the state produce its full, unredacted voter file, which contains highly sensitive and personal data on every voter in the state. This suit appears to be part of the federal government's efforts to build a national voter database without congressional authorization and to improperly question the validity of state voter rolls.

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.