Supreme Court Term 2024-2025

The American Civil Liberties Union, Democracy Forward, and the ACLU of the District of Columbia sued the Trump administration over the president’s unlawful and unprecedented invocation of the Alien Enemies Act. The Alien Enemies Act, passed in 1798, is a wartime authority providing that the president may — after a public proclamation — apprehend, restrain, and remove citizens of a foreign country that is engaged in a “declared war” or “invasion or predatory incursion” against the United States. The lawsuit charges that President Trump's invocation of a centuries-old wartime act unlawfully during peacetime to accelerate mass deportations, sidestepping the limits of this wartime authority and the procedures and protections in immigration law. The Alien Enemies Act’s previous use during wartime — for example, its invocation during World War II to justify the internment of people of Japanese ancestry — has correctly drawn sustained criticism. Employing it as a way to evade domestic laws in peacetime is fundamentally wrong.

Transgender adolescents, their parents, and two medical providers who work with transgender youth are challenging a 2023 Montana law that bans gender-affirming care for trans youth. The plaintiffs charge the law with violating their rights under the Montana Constitution, including the right to equal protection, the right to access medical care, and the right of parents to direct the upbringing of their children.

Families, transgender adolescents, and their medical providers are challenging a new law, signed by Governor Kevin Stitt in May 2023, that imposes criminal penalties on healthcare providers who provide age-appropriate medical care for transgender adolescents. Such restrictions are opposed by leading medical experts and organizations, including the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics. According to the Williams Institute of UCLA, there are an estimated 2,600 transgender youth ages 13-17 in Oklahoma.

A 2023 Idaho law criminalizing gender-affirming medical care for transgender youth is being challenged in federal court by two transgender adolescents and their families. HB 71, signed into law by Idaho Governor Brad Little in May 2023, prohibits gender-affirming medical care that is widely accepted to treat gender dysphoria, helping alleviate the distress of gender dysphoria and significantly improving patients’ mental health and well-being. Such treatment is supported by leading medical experts and all major U.S. medical organizations, including the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics.