Supreme Court Term 2025-2026

Article I, section 9 of the Utah Constitution protects incarcerated individuals from both cruel and unusual punishment and unnecessarily rigorous treatment. This case asks whether death-sentenced plaintiffs seeking to challenge certain execution methods as cruel and unusual or unnecessarily rigorous under this provision must identify, in their pleadings, an alternative method of execution. The U.S. Supreme Court has required this alternative for Eighth Amendment challenges, but the ACLU’s State Supreme Court Initiative, alongside the Capital Punishment Project and ACLU of Utah, filed an amicus brief in support of the plaintiffs, arguing that federal caselaw does not limit the greater protections provided by section 9 of the Utah Constitution. Forcing prisoners challenging a method of execution to identify an acceptable alternative method is cruel, coercive, and not necessary to the administration of Utah’s death penalty laws.

This case asks if ORS 138.105(8)(a)(A)—which removes an appellate court’s authority to review a “sentence that is within the presumptive sentence prescribed by the rules of the Oregon Criminal Justice Commission”—precludes appellate review of a state constitutional challenge to a within-guidelines criminal sentence. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Oregon, filed an amicus brief in support of defendant Fernandez, who seeks to challenge his sentence under the Oregon Constitution’s proportionality guarantee. The amicus brief argues that interpreting the statute to preclude review of Fernandez’s challenge would raise grave constitutional concerns under Oregon’s separation of powers and privileges and immunities doctrines.

Voters of color in Nassau County, N.Y., are no strangers to having to organize to ensure their votes count. But in 2023, the county’s Legislature took vote dilution to new heights. In places like Elmont, Freeport, Inwood, Lakeview, South Valley Stream, New Hyde Park, and Uniondale, the Legislature “cracked and packed” communities of color with the effect of squashing their growing electoral power. But the landmark John R. Lewis Voting Rights Act of New York (NYVRA), enacted in 2022, and the New York Municipal Home Rule Law prohibit New York State and localities from diluting the voting strength and political influence of Black, Latino, and Asian residents.