Supreme Court Term 2025-2026

In September 2023, the ACLU, the ACLU of Colorado, The Boston University Center for Antiracist Research, the law firm Mintz Levin, and other partners filed an amicus brief with the Colorado Supreme Court arguing that mandatory life-without-parole (LWOP) sentences for strict liability felony murder are “cruel and unusual” in violation of the Colorado and U.S. Constitutions. The brief focuses on how these mandatory LWOP sentences drive racial injustice.

The University of Florida chapter of Students for Justice in Palestine filed a lawsuit on November 16, 2023, challenging the Chancellor of the State University System of Florida’s order to state universities to deactivate the student group. This order threatens the students’ constitutionally-protected right to free speech and association in violation of the First Amendment. The ACLU and its partners are seeking a preliminary injunction that would bar the Chancellor and the University of Florida from deactivating the UF SJP.

Hundreds if not thousands of Salt Lake City, Utah, residents have nowhere safe to stay and must live and sleep in public. This case—brought by a small group of residents and businesses—involves the question whether this citywide homelessness crisis constitutes a nuisance under Utah state law. It also presents the question whether Salt Lake City can be ordered to clear encampments, forcibly relocate people who are unhoused, and enforce vague and overbroad laws criminalizing homelessness where doing so will likely, if not certainly, violate unhoused people’s state and federal constitutional rights. The ACLU’s State Supreme Court Initiative and Trone Center for Justice and Equality, along with the ACLU of Utah and the Salt Lake Legal Defenders Association, represent amici curiae in the trial court who oppose the plaintiffs’ nuisance claims and their request for relief.

On March 1, 2023, WRP and the ACLU of Texas sent an advocacy letter to Spring Branch Independent School District (“District”) on behalf of G.H., a Spring Woods High School student athlete. The ACLU’s investigation had revealed that the District maintained a discriminatory, sex-specific dress code and gender-based inequities in the school’s athletics program, and that the student was mistreated after objecting to these policies and practices. The advocacy letter raised concerns that the District’s actions reinforced invidious sex stereotypes, treated girl athletes as lesser than boy athletes, and potentially violated the Fourteenth Amendment to the U.S. Constitution and Title IX of the Education Amendments of 1972. The District’s policies and actions harm all students, regardless of gender, but have particularly egregious consequences for Black girls and other girls of color.