Supreme Court Term 2025-2026
We’re breaking down the cases we've asked the court to consider this term.
Latest Case Updates
Ongoing
Updated January 9, 2026
Ongoing
Updated December 10, 2025
Ongoing
Updated December 10, 2025
Ongoing
Updated November 22, 2025
Featured
Court Case
Dec 2025
National Security
Human Rights
FOIA Case Seeking the Trump Administration’s Legal Justification for Deadly Boat Strikes
The Department of Justice’s Office of Legal Counsel (“OLC”) authored a legal opinion that reportedly claims to justify the Trump administration’s illegal lethal strikes on civilians in boats in the Caribbean Sea and eastern Pacific Ocean. Media reports indicate that, in addition to claiming that the strikes are lawful acts in an alleged “armed conflict” with unspecified drug cartels, the OLC opinion also purports to immunize personnel who authorized or took part in the strikes from future criminal prosecution. Because the public deserves to know how our government is justifying these illegal strikes, and why they think the people who carried them out should not be held accountable, the ACLU is seeking immediate release of the OLC legal opinion and related documents pursuant to the Freedom of Information Act.
U.S. Supreme Court
Nov 2025
Voting Rights
Racial Justice
Allen v. Milligan
Whether Alabama’s congressional districts violate Section 2 of the Voting Rights Act because they discriminate against Black voters. We succeeded in winning a new map for 2024 elections which, for the first time, has two congressional district that provide Black voters a fair opportunity to elect candidates of their choosing despite multiple attempts by Alabama to stop us at the Supreme Court. Despite this win, Alabama is still defending its discriminatory map, and a trial was held in February 2025 to determine the map for the rest of the decade.
In May 2025, a federal court ruled that Alabama's 2023 congressional map both violates Section 2 of the Voting Rights Act and was enacted by the Alabama Legislature with racially discriminatory intent.
Washington, D.C.
Oct 2025
Voting Rights
League of Women Voters Education Fund v. Trump
On March 25, 2025, in a sweeping and unprecedented Executive Order, President Trump attempted to usurp the power to regulate federal elections from Congress and the States. Among other things, the Executive Order directs the Election Assistance Commission—an agency that Congress specifically established to be bipartisan and independent—to require voters to show a passport or other citizenship documentation in order to register to vote in federal elections. If implemented, the Executive Order would threaten the ability of millions of eligible Americans to register and vote and upend the administration of federal elections.
On behalf of leading voter registration organizations and advocacy organizations, the ACLU and co-counsel filed a lawsuit to block the Executive Order as an unconstitutional power grab.
U.S. Supreme Court
Oct 2025
Voting Rights
State Board of Election Commissioners v. Mississippi State Conference of the NAACP
Mississippi has a growing Black population, which is already the largest Black population percentage of any state in the country. Yet. Black Mississippians continue to be significantly under-represented in the state legislature, as Mississippi’s latest districting maps fail to reflect the reality of the state’s changing demographics. During the 2022 redistricting process, the Mississippi legislature refused to create any new districts where Black voters have a chance to elect their preferred representative. The current district lines therefore dilute the voting power of Black Mississippians and continue to deprive them of political representation that is responsive to their needs and concerns, including severe disparities in education and healthcare.
U.S. Supreme Court
Oct 2025
Voting Rights
Louisiana v. Callais (Callais v. Landry)
Whether the congressional map Louisiana adopted to cure a Voting Rights Act violation in Robinson v. Ardoin is itself unlawful as a gerrymander.
Missouri
Sep 2025
Voting Rights
Wise v. Missouri
In unprecedented fashion, the State of Missouri has redrawn the district lines used for electing members of Congress for a second time this decade. These new district lines are gerrymandered and will harm political representation for all Missourians, particularly Black residents in Kansas City, who have been divided along racial lines.
Mississippi
Aug 2025
Voting Rights
White v. Mississippi State Board of Elections
District lines used to elect Mississippi’s Supreme Court have gone unchanged for more than 35 years. We’re suing because this dilutes the voting strength of Black residents in state Supreme Court elections, in violation of the Voting Rights Act and the U.S. Constitution.
Louisiana
Aug 2025
Voting Rights
Nairne v. Landry
Nairne v. Landry poses a challenge under Section 2 of the Voting Rights Act of 1965 to Louisiana’s House and Senate legislative maps on behalf of plaintiff Black voters and Black voters across the state.
Ohio
Jul 2025
Reproductive Freedom
Planned Parenthood Southwest Ohio Region et al., v. Ohio Department of Health, et al.
The American Civil Liberties Union, the ACLU of Ohio, Planned Parenthood Federation of America, the law firm WilmerHale, and Fanon Rucker of the Cochran Law Firm, on behalf of Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women’s Med Group Professional Corporation, Dr. Sharon Liner, and Julia Quinn, MSN, BSN, amended a complaint in an existing lawsuit against a ban on telehealth medication abortion services to bring new claims under the Ohio Reproductive Freedom Amendment, including additional challenges to other laws in Ohio that restrict access to medication abortion in the state.
All Cases
1,651 Court Cases
Georgia
Feb 2025
Criminal Law Reform
State of Georgia v. Wierson
This case asks whether Georgia’s insanity defense statutes can be construed to contain an exception for cases where defendants allegedly triggered their own insanity by discontinuing their medication weeks before the alleged crimes. The State argues for such an exception, even though the text of the insanity defense statutes expressly pins the availability of the defenses to the defendant’s mental condition “at the time of” the alleged crimes. The ACLU’s State Supreme Court Initiative, along with the ACLU of Georgia, filed an amicus brief arguing that even if the State’s interpretation of the statutory text were reasonable, its argument should still be rejected because it contradicts the rule of lenity. The rule of lenity is a well-established canon of statutory construction requiring that, if a criminal statute can reasonably be interpreted in different ways, courts must adopt the interpretation most favorable to the accused.
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Georgia
Feb 2025
Criminal Law Reform
State of Georgia v. Wierson
This case asks whether Georgia’s insanity defense statutes can be construed to contain an exception for cases where defendants allegedly triggered their own insanity by discontinuing their medication weeks before the alleged crimes. The State argues for such an exception, even though the text of the insanity defense statutes expressly pins the availability of the defenses to the defendant’s mental condition “at the time of” the alleged crimes. The ACLU’s State Supreme Court Initiative, along with the ACLU of Georgia, filed an amicus brief arguing that even if the State’s interpretation of the statutory text were reasonable, its argument should still be rejected because it contradicts the rule of lenity. The rule of lenity is a well-established canon of statutory construction requiring that, if a criminal statute can reasonably be interpreted in different ways, courts must adopt the interpretation most favorable to the accused.
Colorado Supreme Court
Feb 2025
Voting Rights
League of Women Voters of Greeley, Weld County v. Board of County Commissioners of Weld County (Amicus)
When drawing its new maps, the Weld County Board of County Commissioners violated Colorado law imposing specific requirements meant to guarantee that county commission districts are drawn transparently and fairly, such that voters are empowered to elect responsive and accountable commissioners. A Colorado district court granted summary judgment to voter plaintiffs who challenged the maps, but the Board appealed the decision, arguing in part that voters lacked standing and a right of action to challenge the unlawful districts.
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Colorado Supreme Court
Feb 2025
Voting Rights
League of Women Voters of Greeley, Weld County v. Board of County Commissioners of Weld County (Amicus)
When drawing its new maps, the Weld County Board of County Commissioners violated Colorado law imposing specific requirements meant to guarantee that county commission districts are drawn transparently and fairly, such that voters are empowered to elect responsive and accountable commissioners. A Colorado district court granted summary judgment to voter plaintiffs who challenged the maps, but the Board appealed the decision, arguing in part that voters lacked standing and a right of action to challenge the unlawful districts.
New York Supreme Court
Feb 2025
Smart Justice
Free Speech
NYCLU v. New York State Office of Court Administration
This case in the New York Court of Appeals (the highest New York state court) asks whether a government agency can conceal guidance that it issues to judges on how to apply the law in adjudicating cases. A few years ago, news reporting brought to light that a New York administrative agency has a practice of issuing such guidance to state court judges without disclosing it to the public. Because the agency's guidance informs how judges decide cases—with important implications for people’s rights—the New York Civil Liberties Union requested access to it under New York’s Freedom of Information Law. The agency denied the request, so the NYCLU sued. The NYCLU and the ACLU’s State Supreme Court Initiative are arguing that the public is entitled to the guidance and that there is a strong public interest in the transparent administration of justice.
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New York Supreme Court
Feb 2025
Smart Justice
Free Speech
NYCLU v. New York State Office of Court Administration
This case in the New York Court of Appeals (the highest New York state court) asks whether a government agency can conceal guidance that it issues to judges on how to apply the law in adjudicating cases. A few years ago, news reporting brought to light that a New York administrative agency has a practice of issuing such guidance to state court judges without disclosing it to the public. Because the agency's guidance informs how judges decide cases—with important implications for people’s rights—the New York Civil Liberties Union requested access to it under New York’s Freedom of Information Law. The agency denied the request, so the NYCLU sued. The NYCLU and the ACLU’s State Supreme Court Initiative are arguing that the public is entitled to the guidance and that there is a strong public interest in the transparent administration of justice.
Montana Supreme Court
Feb 2025
Free Speech
+2 Issues
City of Kalispell v. Doman
This case asks whether the state can arrest, charge, and convict someone under Montana’s obstruction statute for exercising their federal and state constitutional right to record police officers in public spaces. The defendant was filming a traffic stop when police instructed him to move farther away. When he did not move as far as they wanted, they arrested him for obstructing a peace officer. The ACLU’s State Supreme Court Initiative, along with the ACLU of Montana, filed an amicus brief in support of the defendant arguing that the officer’s refusal to allow the defendant to peacefully record police activity from a public sidewalk was, in effect, a content-based restriction on speech that could not be justified under strict scrutiny. Even if the restriction was not content-based, our brief argues that it is not a reasonable time place or manner restriction.
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Montana Supreme Court
Feb 2025
Free Speech
+2 Issues
City of Kalispell v. Doman
This case asks whether the state can arrest, charge, and convict someone under Montana’s obstruction statute for exercising their federal and state constitutional right to record police officers in public spaces. The defendant was filming a traffic stop when police instructed him to move farther away. When he did not move as far as they wanted, they arrested him for obstructing a peace officer. The ACLU’s State Supreme Court Initiative, along with the ACLU of Montana, filed an amicus brief in support of the defendant arguing that the officer’s refusal to allow the defendant to peacefully record police activity from a public sidewalk was, in effect, a content-based restriction on speech that could not be justified under strict scrutiny. Even if the restriction was not content-based, our brief argues that it is not a reasonable time place or manner restriction.
Ohio
Feb 2025
Reproductive Freedom
Planned Parenthood Southwest Ohio Region, et al. v. Ohio Department of Health, et al.
In December 2020, Ohio Governor Mike DeWine signed into law Senate Bill 27, a fetal tissue disposal requirement that mandates burial or cremation of all embryonic and fetal tissue from a procedural abortion, imposing severe burdens on patients and stigmatizing essential care. On January 31, 2022, an Ohio judge preliminarily enjoined the law, finding that the law likely violates the Ohio state constitution’s guarantees of due process and equal protection. The victory followed a previous April 5, 2021, preliminary injunction halting enforcement of the law, because compliance would have been impossible due to the Ohio Department of Health’s (ODH) failure to establish necessary rules and regulations. In April 2024, Plaintiffs filed a Second Amended Complaint, adding a claim that the law violated the newly established Right to Reproductive Freedom Amendment of the Ohio Constitution, and in August 2024 filed a 12(C) Motion for Judgment on the Pleadings, arguing that Senate Bill 27 is unconstitutional as a matter of law under that Amendment for discriminatorily targeting procedural abortion. In February 2025, the Hamilton County Court of Common Pleas agreed, granting the Motion for Judgement on the Pleadings and permanently enjoining enforcement of Senate Bill 27.
This lawsuit was filed by the American Civil Liberties Union, ACLU of Ohio, Planned Parenthood Federation of America, and Fanon Rucker of the Cochran Law Firm on behalf of Ohio abortion providers.
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Ohio
Feb 2025
Reproductive Freedom
Planned Parenthood Southwest Ohio Region, et al. v. Ohio Department of Health, et al.
In December 2020, Ohio Governor Mike DeWine signed into law Senate Bill 27, a fetal tissue disposal requirement that mandates burial or cremation of all embryonic and fetal tissue from a procedural abortion, imposing severe burdens on patients and stigmatizing essential care. On January 31, 2022, an Ohio judge preliminarily enjoined the law, finding that the law likely violates the Ohio state constitution’s guarantees of due process and equal protection. The victory followed a previous April 5, 2021, preliminary injunction halting enforcement of the law, because compliance would have been impossible due to the Ohio Department of Health’s (ODH) failure to establish necessary rules and regulations. In April 2024, Plaintiffs filed a Second Amended Complaint, adding a claim that the law violated the newly established Right to Reproductive Freedom Amendment of the Ohio Constitution, and in August 2024 filed a 12(C) Motion for Judgment on the Pleadings, arguing that Senate Bill 27 is unconstitutional as a matter of law under that Amendment for discriminatorily targeting procedural abortion. In February 2025, the Hamilton County Court of Common Pleas agreed, granting the Motion for Judgement on the Pleadings and permanently enjoining enforcement of Senate Bill 27.
This lawsuit was filed by the American Civil Liberties Union, ACLU of Ohio, Planned Parenthood Federation of America, and Fanon Rucker of the Cochran Law Firm on behalf of Ohio abortion providers.