Supreme Court Term 2025-2026
We’re breaking down the cases we've asked the court to consider this term.
Latest Case Updates
Updated September 10, 2026
Ongoing
Updated September 8, 2026
Closed
Updated August 31, 2026
Ongoing
Updated August 31, 2026
Featured
Florida
Oct 2026
National Security
+2 Issues
CAIR-Foundation, Inc and CAIR Florida, Inc. v. DeSantis et al.
The ACLU, the ACLU of Florida, the Southern Poverty Law Center, and their partners represent CAIR and CAIR-Florida in two federal lawsuits challenging Governor DeSantis’s unconstitutional and baseless designation of the nonprofits as “terrorist.” The lawsuits allege violations of CAIR and CAIR-Florida’s rights under the First Amendment and the due process clause of the Fourteenth Amendment.
Washington, D.C.
Oct 2026
Voting Rights
Common Cause v. U.S. Department of Justice
The U.S. Department of Justice has launched an unprecedented and unlawful effort to invade the privacy of millions of American voters and threaten their right to vote. It has demanded that every state and the District of Columbia turn over their entire voter database, including Social Security Numbers, political party affiliation, and voter participation history. And at least a dozen states have complied, submitting their voters’ information for federal review. But the Department of Justice has no authority to dictate when a voter registration should be cancelled, and we are suing to stop the federal government’s overreach and ensure that voters’ information remains secure and free from unlawful interference.
Court Case
Oct 2026
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.
Ohio
Sep 2026
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.
Massachusetts
Sep 2026
Voting Rights
League of Women Voters of Massachusetts v. Trump
On March 31, 2026, President Trump issued a sweeping Executive Order titled "Ensuring Citizen Verification and Integrity in Federal Elections," seeking once again to seize control of election administration from Congress and the states. The Order directs federal agencies to compile lists of U.S. citizens and transmit them to states before every election, directs the U.S. Postal Service -- an independent agency established by Congress -- to create a list of "approved" mail voters, and instructs USPS to refuse to deliver ballots from voters not on that federally created list. If implemented, the Order would threaten the ability of millions of eligible citizens to cast their ballots, particularly military members, overseas citizens, the elderly, recently naturalized citizens, and voters with disabilities who rely on mail voting.
Oregon Supreme Court
Aug 2026
LGBTQ Rights
Prisoners' Rights
Zyst v. Miller
Following the Oregon Department of Corrections’ unconstitutional treatment of a transgender prisoner, a habeas court ordered her removal from segregated housing, an individualized gender-affirming care assessment, a psychiatric evaluation, and identification of an appropriate cellmate. However, the Oregon Court of Appeals reversed the psychiatric-evaluation and cellmate orders, finding them “too attenuated” to qualify as habeas relief. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Oregon, joined an amicus brief by the law firm Sugerman Dahab arguing that habeas courts have broad discretion to remedy violations and resulting harms. The brief explains that the Court of Appeals’ “close connection” test unduly constricts habeas relief, and which should be construed to encompass not only the need to halt ongoing constitutional violations, but also the need to mitigate various harms that may arise from those violations.
Arizona
Jul 2026
Prisoners' Rights
Jensen v. Thornell
UPDATE: On July 17, 2026, U.S. District Judge Roslyn O. Silver issued an order formally appointing a receiver to assume control and management of health care provided to more than 25,000 people incarcerated in Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) prisons, in a long-running lawsuit against the state prison system brought by the Prison Law Office, the American Civil Liberties Union (ACLU), ACLU of Arizona, and Disability Rights Arizona. More details here.
U.S. Supreme Court
May 2026
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.
U.S. Supreme Court
Apr 2026
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.
All Cases
1,756 Court Cases
Oregon
Nov 2025
Voting Rights
United States v. Oregon (Amicus)
Representing the ACLU of Oregon, the ACLU Voting Rights Project and the ACLU of Oregon filed an amicus brief in a federal lawsuit over the federal government’s demand that Oregon turn over its entire voter registration rolls, including with voters’ sensitive personal data such as drivers’ license numbers and partial social security numbers.
Explore case
Oregon
Nov 2025
Voting Rights
United States v. Oregon (Amicus)
Representing the ACLU of Oregon, the ACLU Voting Rights Project and the ACLU of Oregon filed an amicus brief in a federal lawsuit over the federal government’s demand that Oregon turn over its entire voter registration rolls, including with voters’ sensitive personal data such as drivers’ license numbers and partial social security numbers.
U.S. Supreme Court
Nov 2025
Free Speech
Cox Communications, Inc. v. Sony Music Entertainment
In a brief spearheaded by leading copyright scholars Rebecca Tushnet (Harvard Law), Mark Lemley (Stanford Law), and Chris Springman (NYU Law), the ACLU, the ACLU of Virginia, and the Center for Democracy and Technology filed a friend-of-the-court brief with the Supreme Court in Cox Communications, Inc. v. Sony Music Entertainment. In this significant copyright case, the Supreme Court will review a 4th Circuit ruling holding that an internet service provider could be liable for vast copyright damages because it took insufficient steps to disconnect IP addresses accused of downloading copyrighted material. The case is at the Supreme Court on the merits docket, with oral arguments scheduled for Monday, December 1, 2025.
Explore case
U.S. Supreme Court
Nov 2025
Free Speech
Cox Communications, Inc. v. Sony Music Entertainment
In a brief spearheaded by leading copyright scholars Rebecca Tushnet (Harvard Law), Mark Lemley (Stanford Law), and Chris Springman (NYU Law), the ACLU, the ACLU of Virginia, and the Center for Democracy and Technology filed a friend-of-the-court brief with the Supreme Court in Cox Communications, Inc. v. Sony Music Entertainment. In this significant copyright case, the Supreme Court will review a 4th Circuit ruling holding that an internet service provider could be liable for vast copyright damages because it took insufficient steps to disconnect IP addresses accused of downloading copyrighted material. The case is at the Supreme Court on the merits docket, with oral arguments scheduled for Monday, December 1, 2025.
Massachusetts Supreme Court
Nov 2025
Criminal Law Reform
Comm. for Pub. Couns. Servs. v. Middlesex and Suffolk Dist. Cts.
For more than two decades, criminal defendants in Massachusetts have experienced a recurring counsel crisis, with defendants periodically going unrepresented due to low attorney compensation rates. Despite many opportunities, the Legislature has failed to raise rates high enough to remedy the constitutional violation. At present, the compensation rate for district court cases is $75 per hour. Consequently, in a case brought by the Committee for Public Counsel Services—the Massachusetts public defender agency—the ACLU of Massachusetts and the ACLU’s State Supreme Court Initiative filed an amicus brief urging the Court to hold that the statute setting attorney compensation rates is unconstitutional. This case has important implications for the right to counsel and access to justice in Massachusetts.
Explore case
Massachusetts Supreme Court
Nov 2025
Criminal Law Reform
Comm. for Pub. Couns. Servs. v. Middlesex and Suffolk Dist. Cts.
For more than two decades, criminal defendants in Massachusetts have experienced a recurring counsel crisis, with defendants periodically going unrepresented due to low attorney compensation rates. Despite many opportunities, the Legislature has failed to raise rates high enough to remedy the constitutional violation. At present, the compensation rate for district court cases is $75 per hour. Consequently, in a case brought by the Committee for Public Counsel Services—the Massachusetts public defender agency—the ACLU of Massachusetts and the ACLU’s State Supreme Court Initiative filed an amicus brief urging the Court to hold that the statute setting attorney compensation rates is unconstitutional. This case has important implications for the right to counsel and access to justice in Massachusetts.
Maryland
Nov 2025
Reproductive Freedom
ACLU v. U.S. Food and Drug Administration
The American Civil Liberties Union (ACLU) filed a lawsuit to compel the Food and Drug Administration (FDA) to disclose records related to the agency’s review of its regulations on mifepristone, a medication used in most U.S. abortions. The lawsuit seeks to enforce the ACLU’s Freedom of Information Act (FOIA) request, filed in August 2025, which seeks information about the scope of the review along with any communications between the FDA and anti-abortion organizations, state and federal officials, and politicians requesting greater restrictions on medication abortion.
Explore case
Maryland
Nov 2025
Reproductive Freedom
ACLU v. U.S. Food and Drug Administration
The American Civil Liberties Union (ACLU) filed a lawsuit to compel the Food and Drug Administration (FDA) to disclose records related to the agency’s review of its regulations on mifepristone, a medication used in most U.S. abortions. The lawsuit seeks to enforce the ACLU’s Freedom of Information Act (FOIA) request, filed in August 2025, which seeks information about the scope of the review along with any communications between the FDA and anti-abortion organizations, state and federal officials, and politicians requesting greater restrictions on medication abortion.
Pennsylvania Supreme Court
Nov 2025
Free Speech
Commonwealth v. Johnson
This case presents the question whether a person can be convicted of disorderly conduct for speech that the state deems “obscene” but that does not actually qualify as unprotected obscenity under the First Amendment. The outcome of this case could have serious implications for free speech and the rights of criminal defendants in Pennsylvania, where law enforcement frequently misuses the disorderly conduct statute to punish constitutionally protected speech.
Explore case
Pennsylvania Supreme Court
Nov 2025
Free Speech
Commonwealth v. Johnson
This case presents the question whether a person can be convicted of disorderly conduct for speech that the state deems “obscene” but that does not actually qualify as unprotected obscenity under the First Amendment. The outcome of this case could have serious implications for free speech and the rights of criminal defendants in Pennsylvania, where law enforcement frequently misuses the disorderly conduct statute to punish constitutionally protected speech.