Supreme Court Term 2025-2026

This case in the Tennessee Supreme Court asks whether the right to petition is an exception to the employment-at-will doctrine. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Tennessee, filed an amicus brief focused on the scope and importance of the right to petition under the Tennessee Constitution.

This case in the Iowa Supreme Court asked whether a city ordinance that mandates rental inspections every five years, irrespective of whether a tenant consents to the inspection and in the absence of individualized probable cause, violates the state constitution. The ACLU’s State Supreme Court Initiative assisted the ACLU of Iowa in filing an amicus brief to argue that tenants have a right under the Iowa Constitution to be free from non-consensual searches of their rented homes, absent a showing of individualized probable cause. The court ultimately held that the plaintiffs had raised only a facial challenge to the ordinance, and because the ordinance could operate without violating the Iowa Constitution in at least some circumstances, the challenge failed. The court's decision does not foreclose future challenges on an as-applied basis where the plaintiffs' claims are ripe for review.

This case in the Mississippi Supreme Court is a post-conviction appeal of a pro se defendant, Mr. Soweto Love, who argued that his guilty plea was not entered knowingly, voluntarily, and intelligently. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Mississippi, filed an amicus brief arguing that the law is on Mr. Love’s side, but urging the Court to exercise its discretion to inform Mr. Love that a win could resuscitate his charge and expose him to longer sentences. Consistent with the ACLU amicus brief, the Mississippi Supreme Court held that the trial court had plainly erred by misinforming Mr. Love that his applicable mandatory minimum was one year of imprisonment on each count to which he had pled guilty, when in in fact the mandatory minimum sentence was five years’ imprisonment on each count. The Court remanded Mr. Love’s case to the trial court for an evidentiary hearing.

The National Security Agency (NSA)—one of the country’s biggest intelligence agencies—has been rapidly developing and deploying AI, but we still know remarkably little about this transformation and its impact on civil rights and civil liberties. As the NSA increasingly integrates AI into its daily operations and some of its most profound decisions, it has left the public largely in the dark about how it is using AI and what safeguards, if any, are in place to protect everyday Americans. In March 2024, the ACLU filed a request under the Freedom of Information Act seeking the release of recently completed studies, roadmaps, and reports that show how the NSA is using AI and how those tools affect people’s privacy and civil liberties. When the government failed to release the documents sought in our FOIA request, we filed suit in April 2024 to challenge this unjustified secrecy and compel public disclosure of these documents.