Supreme Court Term 2025-2026

On his first day back in office in January 2025, President Donald Trump issued an executive order that led the State Department to suspend its policy allowing transgender, intersex, and nonbinary people to update the sex designations on their passports, leading some with pending applications to have their passports withheld from them and others to receive a new passport with the wrong sex designation listed. Soon after, the ACLU sued on behalf of seven transgender and nonbinary people on the grounds the policy violates their constitutional rights and the Administrative Procedure Act.

Two incarcerated transgender women have sued the state of Idaho alleging that HB 688, a 2024 law barring state funding for gender-affirming medical care for transgender people, denies them access to the health care their doctors have prescribed for them and is a violation of their Eighth Amendment right to be free from cruel and unusual punishment. They represent a class of all incarcerated folks within the state of Idaho who face the loss of hormone therapy due to HB 668.

Is a federal criminal statute, 18 U.S.C. § 922(g)(3), which makes it a felony for an “unlawful user” of a controlled substance to possess a firearm, constitutional when it is used to prosecute a person who is a marijuana user and who keeps a gun safely secured at home for self-defense?

In December 2020, Ohio Governor Mike DeWine signed into law Senate Bill 27, a fetal tissue disposal requirement that mandates burial or cremation of all embryonic and fetal tissue from a procedural abortion, imposing severe burdens on patients and stigmatizing essential care. On January 31, 2022, an Ohio judge preliminarily enjoined the law, finding that the law likely violates the Ohio state constitution’s guarantees of due process and equal protection. The victory followed a previous April 5, 2021, preliminary injunction halting enforcement of the law, because compliance would have been impossible due to the Ohio Department of Health’s (ODH) failure to establish necessary rules and regulations. In April 2024, Plaintiffs filed a Second Amended Complaint, adding a claim that the law violated the newly established Right to Reproductive Freedom Amendment of the Ohio Constitution, and in August 2024 filed a 12(C) Motion for Judgment on the Pleadings, arguing that Senate Bill 27 is unconstitutional as a matter of law under that Amendment for discriminatorily targeting procedural abortion. In February 2025, the Hamilton County Court of Common Pleas agreed, granting the Motion for Judgement on the Pleadings and permanently enjoining enforcement of Senate Bill 27. In February 2026, the Ohio First District Court of Appeals upheld the trial court's permanent injunction, ruling that the requirements under Senate Bill 27 violate the state constitution's Reproductive Freedom Amendment, which took effect in December 2023 after being approved by voters. This lawsuit was filed by the American Civil Liberties Union, ACLU of Ohio, Planned Parenthood Federation of America, and Fanon Rucker of the Cochran Law Firm on behalf of Ohio abortion providers.