Supreme Court Term 2025-2026

In 2023, public reporting revealed that a group of sheriff’s deputies in Rankin County, Mississippi, had been terrorizing the County’s residents for nearly two decades. The deputies, who called themselves the “Goon Squad,” used torture, violence, and other abusive practices to coerce confessions and extract or manufacture evidence. The Rankin County District Attorney’s Office (RCDAO), in turn, used the Goon Squad to prosecute people. Seeking to understand whether the RCDAO has taken any actions to address the Goon Squad’s misconduct since it became public, the ACLU of Mississippi and the Center for Constitutional Rights filed a public records request with the RCDAO. But the RCDAO refused to produce any documents other than a self-serving press statement. Accordingly, the ACLU’s State Supreme Court Initiative, along with the ACLU of Mississippi and the Center for Constitutional Rights, filed suit arguing that the RCDAO’s failure to produce responsive records violates the Mississippi Public Records Act.

Amelia Marquez is transgender woman and life-long Montanan. John Doe is a transgender man who was born in Montana, but currently lives out of state. Both wish to correct the sex marker on their birth certificates to reflect who they are. However, a law enacted in 2021, Montana Senate Bill 280, sought to prohibit transgender individuals born in Montana from correcting the sex marker listed on their birth certificate without obtaining a court order indicating that their “sex . . . has been changed by surgical procedure.” The ACLU, the ACLU of Montana, and Nixon Peabody LLP have sued, claiming that SB 280 violates the equal protection and due process clauses of the Montana State Constitution.

Local library patrons, with help from the American Civil Liberties Union and ACLU of South Carolina, are suing officials in South Carolina’s most populous county for systematically purging literature by and about lesbian, gay, bisexual, transgender, and queer (LGBTQ) people from its public library collection.

After a years-long effort by the state of Montana to deny transgender people the right to update their identity documents, two transgender women filed a class-action lawsuit against the state and several of its agencies and officials. 26 states and the District of Columbia issue new birth certificate and do not require sex reassignment surgery nor court order in order to change gender marker, while Montana is one of five states that prohibits any changes.