Supreme Court Term 2025-2026

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 Pennsylvania Supreme Court asks whether the Right to Know Law (“RTKL”), 65 P.S. §§ 67.101 - 67.3104, requires the disclosure of school board members’ social media posts on their private Facebook accounts relating to the propriety of a display of certain books in the school library. This case is among one of the first state supreme court cases addressing whether Facebook posts constitute records. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Pennsylvania and the Pennsylvania attorney Brian Cagle, filed a brief arguing that RTKL’s text and structure require the conclusion that posts are “records,” and thus are subject to disclosure.

This case in the Texas Court of Criminal Appeals concerns the admissibility of a fourteen-year-old defendant’s confession following a Texas Ranger’s coercive interrogation. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Texas, filed an amicus brief arguing that the defendant’s confession was induced by positive promises, and is inadmissible, particularly given his juvenile status and the circumstances of the interrogation. In November 2024, the Texas Court of Criminal Appeals (the highest court for criminal appeals in Texas) ruled that Holland's interrogation of Ochoa was unconstitutionally coercive in violation of Ochoa's Fourteenth Amendment due process rights.

In 2020, in Held v. Montana, sixteen youth plaintiffs challenged Montana’s energy policy as violating the Montana Constitution. After several years of litigation, the Montana Supreme Court affirmed that Montanans have a constitutional right to a clean and healthful environment. In January 2026, Montana youth filed a second case, Held II, to enforce the Court’s decision after the Legislature enacted new laws that the plaintiffs contend undermine the constitutional protections recognized in the Court’s earlier decision and permit continued approval of fossil fuel projects that worsen climate harms. The State moved to transfer Held II to a different district under SB 97, a law that gives the government a special right to forum shop in cases challenging new laws and makes it significantly harder for Montanans to pursue such challenges. SB 97 thus raises serious access-to-justice concerns in this case and any others in which people are seeking relief from allegedly unconstitutional laws.