Supreme Court Term 2025-2026

The Department of Justice (“DOJ”) sued Maryland demanding the release of its full, unredacted voter file, which includes the highly sensitive and personal data of every voter in the state. This suit appears to be part of DOJ’s effort to build a national voter database without congressional authorization, improperly question the validity of state voter rolls, and intimidate eligible voters in Maryland and around the country.

This case asks whether the stop, search, and arrest of an individual after a traffic stop was unconstitutional under the Massachusetts Declaration of Rights. The case arises from a remarkable set of facts: although motivated by a desire to search Mr. Arias’s car for drugs, the police initiated the stop based on a day-old alleged traffic infraction and then arrested Mr. Arias for allegedly neglecting to stop his car immediately when the police initiated the stop. The ACLU joined an amicus brief authored by the ACLU of Massachusetts and the law firm Proskauer Rose, which argues that the police actions in this case were unconstitutional for three reasons. First, pretextual traffic stops, such as this one, violate the Massachusetts Declaration of Rights. Second, arrests for misdemeanors not involving breaches of the peace also violate the Massachusetts Declaration of Rights. Third, the statute prohibiting drivers from neglecting to stop is unconstitutionally vague as applied to this case.

Two transgender adolescents and their families are challenging Ohio’s House Bill 68, a law passed in January 2024 that 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.

Becky is a student in West Virginia who is starting high school. Three years ago, as Becky was preparing to begin middle school, West Virginia passed a law categorically banning transgender girls from participating in all school sports. Becky loves being part of a team and wanted to be able to participate in cross-country and track and field with her friends. She sued, arguing that West Virginia's law violated the Constitution and Title IX as applied to her, especially because she has received medication from the onset of puberty and has never experienced any physiological changes associated with puberty for boys. As a result of an injunction issued by the lower courts, she has been able to participate in middle school cross-country and track and field for the past three years. Becky and her mother are represented by the ACLU, the ACLU of West Virginia, Lambda Legal and Cooley LLP.