State Supreme Court
All Cases
78 State Supreme Court Cases
Michigan Supreme Court
Jun 2025
Criminal Law Reform
State v. Fenderson
This case asks whether the government can elicit inculpatory statements from a defendant by giving him misleading information about his rights and applying coercive pressure, then using the statements against him in a criminal case. The ACLU’s State Supreme Court Initiative and the ACLU of Michigan filed an amicus brief arguing that such actions by the government violate a defendant’s rights under the Fifth Amendment to the U.S. Constitution and, independently, Article 1, Section 17 of the Michigan Constitution, which affords even broader protections against self-incrimination than the Fifth Amendment.
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Michigan Supreme Court
Jun 2025
Criminal Law Reform
State v. Fenderson
This case asks whether the government can elicit inculpatory statements from a defendant by giving him misleading information about his rights and applying coercive pressure, then using the statements against him in a criminal case. The ACLU’s State Supreme Court Initiative and the ACLU of Michigan filed an amicus brief arguing that such actions by the government violate a defendant’s rights under the Fifth Amendment to the U.S. Constitution and, independently, Article 1, Section 17 of the Michigan Constitution, which affords even broader protections against self-incrimination than the Fifth Amendment.
Georgia Supreme Court
Jun 2025
Voting Rights
Eternal Vigilance Action, Inc. v. Georgia
The ACLU and partner organizations intervened in this case to represent the rights of voters and voting-rights organizations in a case challenging a number of rules passed by the Georgia State Election Board. We challenged the rule requiring that the number of votes cast be hand counted at the polling place prior to the tabulation of votes. In a critical victory for Georgia voters, in June 2025, the Georgia Supreme Court upheld a lower court’s decision permanently blocking the rule requiring hand counting of ballots at polling places before tabulation — a process widely criticized for risking delays, ballot spoliation, and voter disenfranchisement.
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Georgia Supreme Court
Jun 2025
Voting Rights
Eternal Vigilance Action, Inc. v. Georgia
The ACLU and partner organizations intervened in this case to represent the rights of voters and voting-rights organizations in a case challenging a number of rules passed by the Georgia State Election Board. We challenged the rule requiring that the number of votes cast be hand counted at the polling place prior to the tabulation of votes. In a critical victory for Georgia voters, in June 2025, the Georgia Supreme Court upheld a lower court’s decision permanently blocking the rule requiring hand counting of ballots at polling places before tabulation — a process widely criticized for risking delays, ballot spoliation, and voter disenfranchisement.
Hawaii Supreme Court
Apr 2025
Criminal Law Reform
State of Hawaiʻi v. Zuffante
In 1994, the Supreme Court of Hawaiʻi held in State v. Kekona that the due process clause of the Hawai‘i Constitution does not require custodial interrogations to be recorded. More than 30 years later, with advances in technology that have made recording far easier, this case asks whether this decision should be reconsidered. The ACLU’s State Supreme Court Initiative, along with the ACLU of Hawai‘i filed an amicus brief arguing that the Supreme Court of Hawaiʻi should now hold that custodial interrogations must be recorded in order to be admissible in court, either as a matter of due process or as an exercise of the Court’s supervisory authority over lower courts.
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Hawaii Supreme Court
Apr 2025
Criminal Law Reform
State of Hawaiʻi v. Zuffante
In 1994, the Supreme Court of Hawaiʻi held in State v. Kekona that the due process clause of the Hawai‘i Constitution does not require custodial interrogations to be recorded. More than 30 years later, with advances in technology that have made recording far easier, this case asks whether this decision should be reconsidered. The ACLU’s State Supreme Court Initiative, along with the ACLU of Hawai‘i filed an amicus brief arguing that the Supreme Court of Hawaiʻi should now hold that custodial interrogations must be recorded in order to be admissible in court, either as a matter of due process or as an exercise of the Court’s supervisory authority over lower courts.
Pennsylvania Supreme Court
Mar 2025
Voting Rights
Baxter v. Philadelphia Board of Elections
Eligible Philadelphia-area voters who submitted mail ballots in the September 17, 2024 special election only to have their votes set aside because they omitted or miswrote the correct date on their outer return envelope – even though the date is not used for any purpose – sued to have their votes count. Plaintiffs urge the courts to rule that enforcing the irrelevant envelope-dating requirement to disenfranchise eligible voters violates the Pennsylvania Constitution's Free and Equal Elections Clause.
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Pennsylvania Supreme Court
Mar 2025
Voting Rights
Baxter v. Philadelphia Board of Elections
Eligible Philadelphia-area voters who submitted mail ballots in the September 17, 2024 special election only to have their votes set aside because they omitted or miswrote the correct date on their outer return envelope – even though the date is not used for any purpose – sued to have their votes count. Plaintiffs urge the courts to rule that enforcing the irrelevant envelope-dating requirement to disenfranchise eligible voters violates the Pennsylvania Constitution's Free and Equal Elections Clause.
New York Supreme Court
Feb 2025
Smart Justice
Free Speech
NYCLU v. New York State Office of Court Administration
This case in the New York Court of Appeals (the highest New York state court) asks whether a government agency can conceal guidance that it issues to judges on how to apply the law in adjudicating cases. A few years ago, news reporting brought to light that a New York administrative agency has a practice of issuing such guidance to state court judges without disclosing it to the public. Because the agency's guidance informs how judges decide cases—with important implications for people’s rights—the New York Civil Liberties Union requested access to it under New York’s Freedom of Information Law. The agency denied the request, so the NYCLU sued. The NYCLU and the ACLU’s State Supreme Court Initiative are arguing that the public is entitled to the guidance and that there is a strong public interest in the transparent administration of justice.
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New York Supreme Court
Feb 2025
Smart Justice
Free Speech
NYCLU v. New York State Office of Court Administration
This case in the New York Court of Appeals (the highest New York state court) asks whether a government agency can conceal guidance that it issues to judges on how to apply the law in adjudicating cases. A few years ago, news reporting brought to light that a New York administrative agency has a practice of issuing such guidance to state court judges without disclosing it to the public. Because the agency's guidance informs how judges decide cases—with important implications for people’s rights—the New York Civil Liberties Union requested access to it under New York’s Freedom of Information Law. The agency denied the request, so the NYCLU sued. The NYCLU and the ACLU’s State Supreme Court Initiative are arguing that the public is entitled to the guidance and that there is a strong public interest in the transparent administration of justice.