Supreme Court Term 2025-2026
We’re breaking down the cases we've asked the court to consider this term.
Latest Case Updates
Ongoing
Updated July 29, 2026
Ongoing
Updated July 29, 2026
Closed (Judgment)
Updated June 29, 2026
Closed (Judgment)
Updated June 18, 2026
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Florida
Jul 2026
National Security
+2 Issues
CAIR-Foundation, Inc and CAIR Florida, Inc. v. DeSantis et al.
The ACLU, the ACLU of Florida, the Southern Poverty Law Center, and their partners represent CAIR and CAIR-Florida in two federal lawsuits challenging Governor DeSantis’s unconstitutional and baseless designation of the nonprofits as “terrorist.” The lawsuits allege violations of CAIR and CAIR-Florida’s rights under the First Amendment and the due process clause of the Fourteenth Amendment.
Massachusetts
Jul 2026
Voting Rights
League of Women Voters of Massachusetts v. Trump
On March 31, 2026, President Trump issued a sweeping Executive Order titled "Ensuring Citizen Verification and Integrity in Federal Elections," seeking once again to seize control of election administration from Congress and the states. The Order directs federal agencies to compile lists of U.S. citizens and transmit them to states before every election, directs the U.S. Postal Service -- an independent agency established by Congress -- to create a list of "approved" mail voters, and instructs USPS to refuse to deliver ballots from voters not on that federally created list. If implemented, the Order would threaten the ability of millions of eligible citizens to cast their ballots, particularly military members, overseas citizens, the elderly, recently naturalized citizens, and voters with disabilities who rely on mail voting.
Court Case
Jul 2026
National Security
Human Rights
FOIA Case Seeking the Trump Administration’s Legal Justification for Deadly Boat Strikes
The Department of Justice’s Office of Legal Counsel (“OLC”) authored a legal opinion that reportedly claims to justify the Trump administration’s illegal lethal strikes on civilians in boats in the Caribbean Sea and eastern Pacific Ocean. Media reports indicate that, in addition to claiming that the strikes are lawful acts in an alleged “armed conflict” with unspecified drug cartels, the OLC opinion also purports to immunize personnel who authorized or took part in the strikes from future criminal prosecution. Because the public deserves to know how our government is justifying these illegal strikes, and why they think the people who carried them out should not be held accountable, the ACLU is seeking immediate release of the OLC legal opinion and related documents pursuant to the Freedom of Information Act.
Arizona
Jul 2026
Prisoners' Rights
Jensen v. Thornell
UPDATE: On July 17, 2026, U.S. District Judge Roslyn O. Silver issued an order formally appointing a receiver to assume control and management of health care provided to more than 25,000 people incarcerated in Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) prisons, in a long-running lawsuit against the state prison system brought by the Prison Law Office, the American Civil Liberties Union (ACLU), ACLU of Arizona, and Disability Rights Arizona. More details here.
New Hampshire
Jul 2026
Voting Rights
Coalition for Open Democracy v. Scanlan
This lawsuit challenges HB 1569, a new law that will make New Hampshire the only state to require every person to produce documentary proof of citizenship when they register to vote for both state and federal elections. It also challenges HB 1569’s elimination a preexisting protection for voters—namely, an affidavit option that allowed voters who faced surprise challenges to their eligibility at the polls to swear to their qualifications and cast a ballot. Accordingly, HB 1569 violates the First and Fourteenth Amendments of the U.S. Constitution by placing substantial burdens on New Hampshirites at all stages of the voting process, and will arbitrarily disenfranchise hundreds, if not thousands of qualified voters.
U.S. Supreme Court
May 2026
Voting Rights
Racial Justice
Allen v. Milligan
Whether Alabama’s congressional districts violate Section 2 of the Voting Rights Act because they discriminate against Black voters. We succeeded in winning a new map for 2024 elections which, for the first time, has two congressional district that provide Black voters a fair opportunity to elect candidates of their choosing despite multiple attempts by Alabama to stop us at the Supreme Court. Despite this win, Alabama is still defending its discriminatory map, and a trial was held in February 2025 to determine the map for the rest of the decade.
In May 2025, a federal court ruled that Alabama's 2023 congressional map both violates Section 2 of the Voting Rights Act and was enacted by the Alabama Legislature with racially discriminatory intent.
U.S. Supreme Court
Apr 2026
Voting Rights
Louisiana v. Callais (Callais v. Landry)
Whether the congressional map Louisiana adopted to cure a Voting Rights Act violation in Robinson v. Ardoin is itself unlawful as a gerrymander.
Tennessee Supreme Court
Apr 2026
Capital Punishment
Tony Von Carruthers v. State of Tennessee
Tennessee plans to execute Tony Carruthers on May 21 even though they refuse to run a simple fingerprint comparison and DNA testing that could prove what Tony has been arguing for 30 years - that he is innocent of this crime and that Tennessee convicted and sentenced the wrong man to death.
U.S. Supreme Court
Feb 2026
Immigrants' Rights
Barbara v. Donald J. Trump
President Trump is attempting to undermine the promise of birthright citizenship to children born on U.S. soil. But the ACLU and partners are fighting to protect the rights of citizens that are plainly stated in the Constitution, federal statute, and reaffirmed by the Supreme Court for more than a century. We’re arguing against the Trump administration in the Supreme Court and are confident we will win.
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1,731 Court Cases
Utah Supreme Court
Nov 2023
Prisoners' Rights
Natalie R. v. State of Utah
In recent years, federal courts have relied on what’s called the “political question doctrine” to refuse to review legal claims of wrongdoing, even those involving egregious constitutional harm. Using the political question doctrine, federal courts have turned away claims from people seeking justice on the theory that court review of those claims would embroil the courts in matters best left to the political process. Whether state courts should adopt a parallel political question doctrine—and thus limit access to justice for people whose civil rights and liberties have been violated—is an open question in many states. This case involves the scope of Utah courts’ authority to review important constitutional claims.
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Utah Supreme Court
Nov 2023
Prisoners' Rights
Natalie R. v. State of Utah
In recent years, federal courts have relied on what’s called the “political question doctrine” to refuse to review legal claims of wrongdoing, even those involving egregious constitutional harm. Using the political question doctrine, federal courts have turned away claims from people seeking justice on the theory that court review of those claims would embroil the courts in matters best left to the political process. Whether state courts should adopt a parallel political question doctrine—and thus limit access to justice for people whose civil rights and liberties have been violated—is an open question in many states. This case involves the scope of Utah courts’ authority to review important constitutional claims.
Maine Supreme Court
Nov 2023
Free Speech
State v. Labbe
This free-speech case concerns a prosecution for “stalking” based on evidence of a defendant’s speech alone, without any requirement of subjective intent. Freedom of speech is a bedrock protection of both the Maine Constitution and the United States Constitution. This protection requires, at minimum, that a criminal defendant cannot be prosecuted for stalking carried out via speech alone unless the state proves a subjective-intent element beyond a reasonable doubt. This protection ensures that states do not prosecute and punish people for their protected speech. In October 2023, the ACLU and the ACLU of Maine filed an amicus brief in the Supreme Judicial Court of Maine, asking the court to vacate a defendant’s stalking conviction that was based on his speech alone, without any evidence as to subjective intent.
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Maine Supreme Court
Nov 2023
Free Speech
State v. Labbe
This free-speech case concerns a prosecution for “stalking” based on evidence of a defendant’s speech alone, without any requirement of subjective intent. Freedom of speech is a bedrock protection of both the Maine Constitution and the United States Constitution. This protection requires, at minimum, that a criminal defendant cannot be prosecuted for stalking carried out via speech alone unless the state proves a subjective-intent element beyond a reasonable doubt. This protection ensures that states do not prosecute and punish people for their protected speech. In October 2023, the ACLU and the ACLU of Maine filed an amicus brief in the Supreme Judicial Court of Maine, asking the court to vacate a defendant’s stalking conviction that was based on his speech alone, without any evidence as to subjective intent.
Colorado
Nov 2023
Racial Justice
Criminal Law Reform
Sellers v. People
In September 2023, the ACLU, the ACLU of Colorado, The Boston University Center for Antiracist Research, the law firm Mintz Levin, and other partners filed an amicus brief with the Colorado Supreme Court arguing that mandatory life-without-parole (LWOP) sentences for strict liability felony murder are “cruel and unusual” in violation of the Colorado and U.S. Constitutions. The brief focuses on how these mandatory LWOP sentences drive racial injustice.
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Colorado
Nov 2023
Racial Justice
Criminal Law Reform
Sellers v. People
In September 2023, the ACLU, the ACLU of Colorado, The Boston University Center for Antiracist Research, the law firm Mintz Levin, and other partners filed an amicus brief with the Colorado Supreme Court arguing that mandatory life-without-parole (LWOP) sentences for strict liability felony murder are “cruel and unusual” in violation of the Colorado and U.S. Constitutions. The brief focuses on how these mandatory LWOP sentences drive racial injustice.
Kentucky Supreme Court
Nov 2023
Voting Rights
Commonwealth of Kentucky v. Graham (Amicus)
State legislatures are responsible for creating state legislative and U.S. congressional districts. In 2019, the U.S. Supreme Court held in Rucho v. Common Cause that federal courts have no authority to review claims that states have sorted voters along partisan lines to favor one political party over others. However, challenges to partisan gerrymandering continue in many state courts, and this case involves one such constitutional challenge in Kentucky.
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Kentucky Supreme Court
Nov 2023
Voting Rights
Commonwealth of Kentucky v. Graham (Amicus)
State legislatures are responsible for creating state legislative and U.S. congressional districts. In 2019, the U.S. Supreme Court held in Rucho v. Common Cause that federal courts have no authority to review claims that states have sorted voters along partisan lines to favor one political party over others. However, challenges to partisan gerrymandering continue in many state courts, and this case involves one such constitutional challenge in Kentucky.
New Jersey Supreme Court
Nov 2023
Women's Rights
Free Speech
Usachenok v. State of New Jersey
The New Jersey Department of Treasury maintains a policy that requires employers investigating workplace discrimination to “request” confidentiality from all witnesses with respect to any information related to the investigation. This case involves whether a confidentiality policy of this kind violates the free speech rights under the New Jersey Constitution of state employees who are witnesses, and whether those rights are broader than the U.S. Constitution’s First Amendment free speech right. The ACLU’s State Supreme Court Initiative and Women’s Rights Project, along with the ACLU of New Jersey, filed an amicus brief in the New Jersey Supreme Court, urging that court to revive a government employee’s speech claim challenging the confidentiality policy and to interpret the New Jersey Constitution’s speech protection more broadly than federal constitutional law. In April 2024, the New Jersey Supreme Court ruled in our favor and reversed the judgment of the Appellate Division.
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New Jersey Supreme Court
Nov 2023
Women's Rights
Free Speech
Usachenok v. State of New Jersey
The New Jersey Department of Treasury maintains a policy that requires employers investigating workplace discrimination to “request” confidentiality from all witnesses with respect to any information related to the investigation. This case involves whether a confidentiality policy of this kind violates the free speech rights under the New Jersey Constitution of state employees who are witnesses, and whether those rights are broader than the U.S. Constitution’s First Amendment free speech right. The ACLU’s State Supreme Court Initiative and Women’s Rights Project, along with the ACLU of New Jersey, filed an amicus brief in the New Jersey Supreme Court, urging that court to revive a government employee’s speech claim challenging the confidentiality policy and to interpret the New Jersey Constitution’s speech protection more broadly than federal constitutional law. In April 2024, the New Jersey Supreme Court ruled in our favor and reversed the judgment of the Appellate Division.