Supreme Court Term 2025-2026

The Department of Justice sued New Mexico Secretary of State Maggie Toulouse Oliver, demanding the state produce its full, unredacted voter file, which contains highly sensitive and personal data on every voter in the state. This suit appears to be part of the federal government’s efforts to build a national voter database without congressional authorization and to improperly question the validity of state voter rolls.

This case asks whether the stop, search, and arrest of an individual after a traffic stop was unconstitutional under the Massachusetts Declaration of Rights. The case arises from a remarkable set of facts: although motivated by a desire to search Mr. Arias’s car for drugs, the police initiated the stop based on a day-old alleged traffic infraction and then arrested Mr. Arias for allegedly neglecting to stop his car immediately when the police initiated the stop. The ACLU joined an amicus brief authored by the ACLU of Massachusetts and the law firm Proskauer Rose, which argues that the police actions in this case were unconstitutional for three reasons. First, pretextual traffic stops, such as this one, violate the Massachusetts Declaration of Rights. Second, arrests for misdemeanors not involving breaches of the peace also violate the Massachusetts Declaration of Rights. Third, the statute prohibiting drivers from neglecting to stop is unconstitutionally vague as applied to this case.

This case is about whether people unlawfully incarcerated beyond their mandatory transfer dates under the First Step Act can file habeas corpus petitions seeking their release from prison onto prerelease custody in the community.

In August 2025, during a special session called to further gerrymander Texas’s congressional map, the State’s legislature passed a districting plan that weakens electoral opportunities for Black and Hispanic voters. Along with other partner civil rights and racial justice organizations, the ACLU and ACLU of Texas have filed an amicus brief in federal court to support plaintiffs challenging Texas’s new maps. Our brief argues that Texas’ justifications for mid-decade redistricting are baseless and emphasizes that lawmakers cannot augment their political power by intentionally harming Black and Hispanic voters.