This petition to the Supreme Court of Maryland asked the court to reconsider its adherence to Whren v. U.S., 517 U.S. 806 (1996), which declared that a traffic stop undertaken for pretextual reasons does not violate the Fourth Amendment to the U.S. Constitution so long as the police have probable cause to believe that a traffic violation occurred. The ACLU, alongside the ACLU of Maryland, filed an amicus brief in support of the defendant’s petition, in which the ACLU argued that the court should take up the question of whether pretextual stops violate the Maryland Constitution. In September 2024, the Court denied the petition.

This case in the North Carolina Supreme Court involves the question of whether the police violated the U.S. Constitution when they searched the defendant, Mr. Wright’s, backpack even after he repeatedly said no to the search requests. The ACLU alongside the ACLU of North Carolina filed an amicus brief arguing that the search was unconstitutional because Mr. Wright’s eventual “consent” was the result of police coercion. Our brief urges the court to consider the totality of the circumstances that make one more susceptible to coercion, including race and poverty.

This case gets at the very heart of our right to a jury trial. Traditionally and historically, the right to a jury trial has promised that a person could not be punished unless every single person in a group of one’s peers agreed, by jury vote, that that was the just outcome. However, Florida feels differently. When it comes to the death penalty, Florida is one of only two states that has decided that the “right to a trial by jury” does not guarantee that a person will be sentenced to death by a unanimous jury. Instead, in Florida, a person can be sentenced to die even if four people on their jury think they should live. The state requires just eight of twelve jury votes for a death sentence, which not only disproportionately affects people of color, but the very ideals at the heart of the rights of citizenship.

This case in the South Carolina Supreme Court involves the question of whether a ban on abortion, the “2023 Fetal Heartbeat Act,” forbids abortion starting after approximately nine weeks of pregnancy or, as the state contends, earlier at six weeks of pregnancy, before many people even know they are pregnant. This case is the third state supreme court proceeding in South Carolina involving a post-Dobbs challenge to an abortion ban. The outcome will substantially affect access to reproductive care in the state.