Supreme Court Term 2025-2026

On September 2, 2026, the ACLU, ACLU of New Hampshire and New Hampshire Legal Assistance brought a class action lawsuit against the Concord Housing and Redevelopment Authority for installing and operating surveillance devices in tenants’ apartments. The devices collected hundreds of millions of data points recording movement, sound levels, and other information from inside tenants’ homes.

Whether Black voters will have a fair opportunity to elect judges in DeSoto County, Mississippi.

Thousands of school districts across the country operate with nondiscrimination policies inclusive of their transgender students, including the legal right for these students to access facilities (bathrooms, locker rooms, etc.) consistent with their gender identity. These policies help protect transgender students from harassment, being isolated from their peers, and thrive in a learning environment that believes in their fundamental rights.

In 2024, the U.S. Court of Appeals for the Second Circuit ruled that Keisy G.M., a lawful permanent resident who had been subjected to mandatory detention for 21 months, could not be detained any longer without a hearing on whether he poses a flight risk or danger. That decision was consistent with the vast majority of federal court rulings on the government’s practice of detaining people for prolonged periods of time without any individual hearings. The Trump administration appealed the ruling in January 2026 and on June 15 the Supreme Court agreed to hear the case, setting oral argument for Oct. 13, 2026. The Trump administration is taking a radical position the government has not taken in the 30 years since this mandatory detention statute, 8 U.S.C. 1226(c), was enacted by Congress. It says immigrants like Mr. G.M. do not have a protected liberty interest in not being locked up without a hearing — at a time when the administration is pushing hard to detain and deport as many immigrants as possible, often locking people away in inhumane ICE detention centers, where deaths are already at record levels. On the government’s theory, it can lock up people under this mandatory detention statute for months, years, or even decades, without a hearing — as long as the removal case is still ongoing. The American Civil Liberties Union, New York Civil Liberties Union, MacArthur Justice Center, and Hecker Fink LLP are co-counsel. The groups argue the federal appeals court ruling is correct, and that the Constitution protects all of us, regardless of immigration status, from being locked away without due process.