Supreme Court Term 2025-2026

If the death penalty is racist, arbitrary and serves no valid penological purpose, does it violate the Kansas Constitution? The ACLU, together with the ACLU of Kansas and law firm Hogan Lovells US LLP, challenged the Kansas death penalty statute under the Kansas Constitution and United States Constitution in the case of Kansas v. Kyle Young. Mr. Young is a Black man who faced a capital trial in Sedgwick County, Kansas. Prosecutors sought a death sentence. The Sedgwick County District Court held an unprecedented evidentiary hearing in February 2023.

“Reverse searches” are a novel surveillance technique where the police can obtain records reflecting everyone who used a search engine to look up a particular word or phrase. In this case, the lower court approved the police using a reverse search, ruling that people do not have a reasonable expectation of privacy for any query they enter into a search engine. The ACLU’s Speech, Privacy, and Technology Project and State Supreme Court Initiative along with the ACLU of Pennsylvania filed an amicus brief in the Pennsylvania Supreme Court urging the court to reverse the lower court’s decision and hold that search history data is protected by the state and federal Constitution.

In this case, the Virginia Supreme Court is considering whether the U.S. Constitution and/or the Virginia Constitution require the exclusionary rule—which protects people from unconstitutional searches and seizures—to apply in civil zoning enforcement actions. The Institute for Justice, along with The ACLU of Virginia and the Speech, Privacy, and Technology Project and the State Supreme Court Initiative at the ACLU, submitted an amicus brief arguing that the exclusionary rule should apply in civil actions to protect Virginians’ search and seizure rights.

In this case, the Iowa Supreme Court considered when rap lyrics are admissible evidence in criminal trials. The State sought further review of a court of appeals decision which reversed the defendant's criminal convictions and remanded for a trial based on errors in the admission of evidence. Together with the Speech, Privacy, and Technology Project and the ACLU of Iowa, the State Supreme Court Initiative filed an amicus brief arguing that such evidence should usually be excluded because it is rarely probative and yet creates a high risk of prejudice to the defendant. The Iowa Supreme Court ultimately reversed the Court of Appeals decision, but for narrow and fact-specific reasons. And the Iowa Supreme Court acknowledged that, in cases not involving the peculiar facts of Canady's case, other courts had expressed concerns about the risk that a jury will unfairly use rap lyrics and music as evidence of a defendant's guilt.