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 November 2, 2026
Updated September 10, 2026
Ongoing
Updated September 8, 2026
Closed
Updated August 31, 2026
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Alaska
Oct 2026
Voting Rights
United States v. Alaska
Representing two Alaska voters, the League of Women Voters of Alaska, and Common Cause, the American Civil Liberties Union and ACLU of Alaska moved to intervene in United States v. Alaska, a frivolous lawsuit seeking to prevent from the State of Alaska from certifying its election results if the incumbent U.S. Senator does not win the election. The lawless suit asserts a single claim based on the purpose language of the National Voter Registration Act (NVRA), that has no basis in any case, legal principle, or arguably tenable reading of the NVRA.
We are seeking dismissal of this suit that aims to deprive Alaskans of their right to vote and right to representation.
California
Oct 2026
Voting Rights
OCA-Asian Pacific American Advocates v. Department of Homeland Security
The Department of Homeland Security and United States Citizenship and Immigration Services are subjecting thousands of naturalized American citizens to improper investigations questioning their voting eligibility, and they’re using outdated, faulty data and methods to do so. As a result, these citizens face increasing, unwarranted scrutiny from the federal government and, potentially, disenfranchisement. We’re challenging these unlawful actions and the unreliable data behind them to ensure no eligible voter is targeted or silenced because of them.
Court Case
Oct 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.
Colorado Supreme Court
Oct 2026
Civil Liberties
Criminal Law Reform
Daves v. Mosley
Section 131 of the newly enacted Enhance Law Enforcement Integrity Act gives Coloradans a cause of action to seek damages or equitable relief when state or local police officers violate the Colorado Constitution. In 2022, Christopher Mosley sued Officer Brendan Daves for conducting a warrantless search of his car, which Daves argued was lawful under the federal protective sweep doctrine. After Mosley prevailed at trial and the court of appeals affirmed, Daves appealed to the Colorado Supreme Court. The ACLU’s State Supreme Court Initiative and the ACLU of Colorado filed an amicus brief agreeing with Mosley’s argument that Daves has misapprehended the federal doctrine whilst focusing on a separate point: the Court’s interpretation of Section 131 is not bound by federal law.
Florida
Oct 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.
Washington, D.C.
Oct 2026
Voting Rights
Common Cause v. U.S. Department of Justice
The U.S. Department of Justice has launched an unprecedented and unlawful effort to invade the privacy of millions of American voters and threaten their right to vote. It has demanded that every state and the District of Columbia turn over their entire voter database, including Social Security Numbers, political party affiliation, and voter participation history. And at least a dozen states have complied, submitting their voters’ information for federal review. But the Department of Justice has no authority to dictate when a voter registration should be cancelled, and we are suing to stop the federal government’s overreach and ensure that voters’ information remains secure and free from unlawful interference.
Ohio
Sep 2026
Reproductive Freedom
Planned Parenthood Southwest Ohio Region et al., v. Ohio Department of Health, et al.
The American Civil Liberties Union, the ACLU of Ohio, Planned Parenthood Federation of America, the law firm WilmerHale, and Fanon Rucker of the Cochran Law Firm, on behalf of Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women’s Med Group Professional Corporation, Dr. Sharon Liner, and Julia Quinn, MSN, BSN, amended a complaint in an existing lawsuit against a ban on telehealth medication abortion services to bring new claims under the Ohio Reproductive Freedom Amendment, including additional challenges to other laws in Ohio that restrict access to medication abortion in the state.
Massachusetts
Sep 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.
Oregon Supreme Court
Aug 2026
LGBTQ Rights
Prisoners' Rights
Zyst v. Miller
Following the Oregon Department of Corrections’ unconstitutional treatment of a transgender prisoner, a habeas court ordered her removal from segregated housing, an individualized gender-affirming care assessment, a psychiatric evaluation, and identification of an appropriate cellmate. However, the Oregon Court of Appeals reversed the psychiatric-evaluation and cellmate orders, finding them “too attenuated” to qualify as habeas relief. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Oregon, joined an amicus brief by the law firm Sugerman Dahab arguing that habeas courts have broad discretion to remedy violations and resulting harms. The brief explains that the Court of Appeals’ “close connection” test unduly constricts habeas relief, and which should be construed to encompass not only the need to halt ongoing constitutional violations, but also the need to mitigate various harms that may arise from those violations.
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1,764 Court Cases
New Mexico Supreme Court
Feb 2026
Civil Liberties
Atencio v. State
This case asks whether the State of New Mexico’s actions enabling pollution from oil and gas extraction, and its failure to control that pollution, violate the New Mexico Constitution’s Pollution Control Clause, Inherent Rights Clause, Due Process Clause, and Equal Protection Clause. The ACLU’s State Supreme Court Initiative, joined by the ACLU of New Mexico and the Brennan Center of Justice, filed an amicus brief urging the New Mexico Supreme Court to answer those questions by retiring its “interstitial approach” to state constitutional interpretation—which looks first to federal doctrine when interpreting state constitutional provisions that arguably have U.S. Constitutional analogues—and instead interpret the New Mexico Constitution holistically and independently. This independent approach, we explain, will ensure that New Mexicans can enjoy—and enforce—the rights guaranteed to them in their unique founding document.
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New Mexico Supreme Court
Feb 2026
Civil Liberties
Atencio v. State
This case asks whether the State of New Mexico’s actions enabling pollution from oil and gas extraction, and its failure to control that pollution, violate the New Mexico Constitution’s Pollution Control Clause, Inherent Rights Clause, Due Process Clause, and Equal Protection Clause. The ACLU’s State Supreme Court Initiative, joined by the ACLU of New Mexico and the Brennan Center of Justice, filed an amicus brief urging the New Mexico Supreme Court to answer those questions by retiring its “interstitial approach” to state constitutional interpretation—which looks first to federal doctrine when interpreting state constitutional provisions that arguably have U.S. Constitutional analogues—and instead interpret the New Mexico Constitution holistically and independently. This independent approach, we explain, will ensure that New Mexicans can enjoy—and enforce—the rights guaranteed to them in their unique founding document.
Delaware
Feb 2026
Voting Rights
United States v. Albence
The Department of Justice (DOJ) sued the State of Delaware, seeking its unredacted statewide voter file, including sensitive personal data such as driver’s license numbers and partial social security numbers. DOJ’s efforts appear to be part of an effort to build a national voter database without congressional authorization and to improperly question the validity of state voter rolls.
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Delaware
Feb 2026
Voting Rights
United States v. Albence
The Department of Justice (DOJ) sued the State of Delaware, seeking its unredacted statewide voter file, including sensitive personal data such as driver’s license numbers and partial social security numbers. DOJ’s efforts appear to be part of an effort to build a national voter database without congressional authorization and to improperly question the validity of state voter rolls.
Iowa Supreme Court
Feb 2026
Racial Justice
In re Ezra L. Totton Scholarship
This case asks whether, in the wake of the U.S. Supreme Court’s holding in Students for Fair Admissions, Inc. v. Harvard College, a university may refuse to administer a privately funded scholarship set aside for Black students majoring in the physical sciences and redirect those funds to first-generation students instead. The district court denied the University’s petition to do so, and the case is now on appeal before the Iowa Supreme Court. The Court’s decision could have significant implications for other private scholarships that address the lasting effects of segregation.
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Iowa Supreme Court
Feb 2026
Racial Justice
In re Ezra L. Totton Scholarship
This case asks whether, in the wake of the U.S. Supreme Court’s holding in Students for Fair Admissions, Inc. v. Harvard College, a university may refuse to administer a privately funded scholarship set aside for Black students majoring in the physical sciences and redirect those funds to first-generation students instead. The district court denied the University’s petition to do so, and the case is now on appeal before the Iowa Supreme Court. The Court’s decision could have significant implications for other private scholarships that address the lasting effects of segregation.
Tennessee
Feb 2026
Religious Liberty
Wilberforce Academy of Knoxville v. Knox County Board of Education
ACLU, ACLU of Tennessee, and partners are representing six Knox County taxpayers dedicated to supporting public education and the separation of church and state who oppose Wilberforce Academy’s effort to force the county to authorize and fund it as a religious public charter school. The taxpayers, public school parents and faith and community leaders, object to their tax dollars funding a public charter school that will indoctrinate students into one religion, in violation of Tennessee and federal law and our nation’s longstanding commitment to the separation of church and state. They want to ensure that public schools remain secular and open to all.
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Tennessee
Feb 2026
Religious Liberty
Wilberforce Academy of Knoxville v. Knox County Board of Education
ACLU, ACLU of Tennessee, and partners are representing six Knox County taxpayers dedicated to supporting public education and the separation of church and state who oppose Wilberforce Academy’s effort to force the county to authorize and fund it as a religious public charter school. The taxpayers, public school parents and faith and community leaders, object to their tax dollars funding a public charter school that will indoctrinate students into one religion, in violation of Tennessee and federal law and our nation’s longstanding commitment to the separation of church and state. They want to ensure that public schools remain secular and open to all.
California
Jan 2026
Free Speech
Privacy & Technology
Doe v. DHS
On February 2, 2026, the ACLU, ACLU of Northern California, and the ACLU of Pennsylvania filed a motion in federal court to quash a Department of Homeland Security (“DHS”) administrative subpoena seeking Google subscriber records about our client, solely because he engaged in constitutionally protected speech criticizing DHS conduct.
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California
Jan 2026
Free Speech
Privacy & Technology
Doe v. DHS
On February 2, 2026, the ACLU, ACLU of Northern California, and the ACLU of Pennsylvania filed a motion in federal court to quash a Department of Homeland Security (“DHS”) administrative subpoena seeking Google subscriber records about our client, solely because he engaged in constitutionally protected speech criticizing DHS conduct.