Supreme Court Term 2025-2026

Federal and state constitutional law requires prosecutors to inquire into and disclose misconduct by members of their prosecution teams. In Massachusetts, the Supreme Judicial Court has applied those principles, and others, in cases that have led to the mass exoneration of people convicted of drug crimes with the assistance of former state chemists who committed misconduct. In Graham, the ACLU and public defenders are asking the Massachusetts Supreme Judicial Court to apply those same principles to a situation where the U.S. Department of Justice has alleged a pattern or practice of misconduct by members of a police department—specifically, the Narcotics Bureau of the Springfield (MA) Police Department. The Springfield investigation was the DOJ’s sole pattern-or-practice investigation during the Trump Administration, but the DOJ has opened several such investigations during the Biden Administration. Graham appears to be the first state supreme court case in the country to consider whether DOJ pattern-or-practice findings can trigger duties under state law to investigate and disclose the misconduct alleged by the DOJ. In a major victory, the Massachusetts Supreme Judicial Court ruled in January 2024 that the Hampden County District Attorney’s Office violated its duties to disclose and inquire about exculpatory evidence of widespread misconduct by Springfield police.

Mississippi is home to one of the strictest felon disenfranchisement schemes in the nation. The Mississippi Constitution permanently disenfranchises citizens upon a single felony conviction for certain crimes, including minor offenses like writing a bad check. As a result, the loss of rights under Mississippi’s scheme is mandatory, permanent, and effectively irrevocable. In Hopkins, plaintiffs, a class of formerly incarcerated individuals who lost their right to vote despite completing their sentences, argued that their disenfranchisement violated the Eighth Amendment’s prohibition on cruel and unusual punishment. A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled in the plaintiffs’ favor and struck down Mississippi’s disenfranchisement scheme as cruel and unusual punishment. But the Fifth Circuit decided to rehear the case en banc, a rare occurrence in which a case is reconsidered by the entire panel of the circuit’s active judges.

In a prominent defamation suit, the ACLU is urging a trial court to rigorously apply the First Amendment rule that statements of opinion are protected, so long as speakers share the facts that led to them. Without this First Amendment protection, unchecked defamation lawsuits would silence the critics of more powerful speakers, and stifle scientific discussions and academic inquiry.

This case involved a state constitutional challenge to New Hampshire’s 2022 statewide Executive Council redistricting plan, which bore the hallmarks of a stark partisan gerrymander. The ACLU and the ACLU of New Hampshire filed an amicus brief in support of a challenge to the map in the New Hampshire Supreme Court.