Supreme Court Term 2023-2024
We’re breaking down the cases we've asked the court to consider this term.
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Ongoing
Updated October 15, 2024
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Updated October 11, 2024
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Updated September 27, 2024
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Updated September 12, 2024
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Georgia
Oct 2024
Voting Rights
Eternal Vigilance Action, Inc. v. Georgia
The ACLU and partner organizations have sought to intervene in this case to represent the rights of voters and voting-rights organizations in a case challenging a number of rules passed by the Georgia State Election Board. We challenge a rule that requires that the number of votes cast be hand counted at the polling place prior to the tabulation of votes. This rule risks delay and spoliation of ballots, putting in danger voters’ rights to have their votes count.
Nebraska Supreme Court
Oct 2024
Voting Rights
Spung v. Evnen
Less than four months before the November 2024 presidential election, the Nebraska Secretary of State issued a directive embracing a non-binding opinion issued by the state Attorney General that would essentially reinstate permanent felony disenfranchisement and re-disenfranchise tens of thousands of Nebraska citizens. This directive is violative of both the Nebraska Constitution and several state statutes, and urgent relief is needed to avoid mass disenfranchisement of an entire class of Nebraska citizens.
Texas
Oct 2024
Voting Rights
OCA-Greater Houston v. Paxton
Texas has growing Hispanic and Black populations that helped propel record voter turnout in the November 2020 election. The Texas Legislature responded to this increased civic participation with an omnibus election bill titled Senate Bill 1—SB 1 for short—that targeted election practices that made voting more accessible to traditionally marginalized voters like voters of color, voters with disabilities, and voters with limited English proficiency. Since 2021, SB 1 has resulted in tens of thousands of lawful votes being rejected, and it remains a threat to democracy in Texas.
Michigan
Sep 2024
Voting Rights
ACLU of Michigan v. Froman
Michigan requires boards of county canvassers to certify the results of an election within 14 days after the election based on the total number of votes reported from each location. The law doesn't allow them to withhold certification. Kalamazoo Board of County Canvassers member, Robert Froman, has made clear that he would decline to certify the November 2024 election under certain circumstances. This lawsuit asks the state's courts to make clear that Mr. Froman is duty bound to certify the election based on the number of votes reported.
Ohio
Sep 2024
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.
U.S. Supreme Court
Sep 2024
Voting Rights
Callais v. Landry
Whether the congressional map Louisiana adopted to cure a Voting Rights Act violation in Robinson v. Ardoin is itself unlawful as a gerrymander.
South Carolina Supreme Court
Jul 2024
Voting Rights
League of Women Voters of South Carolina v. Alexander
This case involves a state constitutional challenge to South Carolina’s 2022 congressional redistricting plan, which legislators admit was drawn to entrench a 6-1 Republican majority in the state’s federal delegation. Plaintiff the League of Women Voters of South Carolina has asked the state’s Supreme Court to conclude that the congressional map is an unlawful partisan gerrymander that violates the state constitution.
Ohio
Jul 2024
Voting Rights
League of Women Voters of Ohio v. LaRose
In Ohio, HB 458 makes it a felony for any person who is not an election official or mail carrier to return an absentee voter's ballot—including voters with disabilities—unless the person assisting falls within an unduly narrow list of relatives. We are challenging the law because it violates Section 208 of the Voting Rights Act (VRA) and the American with Disabilities Act (ADA) by making it exceedingly difficult for voters with disabilities to cast their ballots.
U.S. Supreme Court
Apr 2024
Reproductive Freedom
Idaho and Moyle, et al. v. United States
Idaho and Moyle, et al. v. United States was appealed to the U.S. Supreme Court by Idaho politicians seeking to disregard a federal statute — the Emergency Medical Treatment and Labor Act (EMTALA) — and put doctors in jail for providing pregnant patients necessary emergency medical care. The Supreme Court heard oral arguments on this case on April 24, 2024. The Court’s ultimate decision will impact access to this essential care across the country.
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All Cases
1,485 Court Cases
Pennsylvania Supreme Court
Feb 2024
Privacy & Technology
Free Speech
Commonwealth v. Kurtz
“Reverse searches” are a novel surveillance technique where the police can obtain records reflecting everyone who used a search engine to look up a particular word or phrase. In this case, the lower court approved the police using a reverse search, ruling that people do not have a reasonable expectation of privacy for any query they enter into a search engine. The ACLU’s Speech, Privacy, and Technology Project and State Supreme Court Initiative along with the ACLU of Pennsylvania filed an amicus brief in the Pennsylvania Supreme Court urging the court to reverse the lower court’s decision and hold that search history data is protected by the state and federal Constitution.
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Pennsylvania Supreme Court
Feb 2024
Privacy & Technology
Free Speech
Commonwealth v. Kurtz
“Reverse searches” are a novel surveillance technique where the police can obtain records reflecting everyone who used a search engine to look up a particular word or phrase. In this case, the lower court approved the police using a reverse search, ruling that people do not have a reasonable expectation of privacy for any query they enter into a search engine. The ACLU’s Speech, Privacy, and Technology Project and State Supreme Court Initiative along with the ACLU of Pennsylvania filed an amicus brief in the Pennsylvania Supreme Court urging the court to reverse the lower court’s decision and hold that search history data is protected by the state and federal Constitution.
Virginia Supreme Court
Feb 2024
Criminal Law Reform
Board of Supervisors of Fairfax County v. Leach-Lewis
In this case, the Virginia Supreme Court is considering whether the U.S. Constitution and/or the Virginia Constitution require the exclusionary rule—which protects people from unconstitutional searches and seizures—to apply in civil zoning enforcement actions. The Institute for Justice, along with The ACLU of Virginia and the Speech, Privacy, and Technology Project and the State Supreme Court Initiative at the ACLU, submitted an amicus brief arguing that the exclusionary rule should apply in civil actions to protect Virginians’ search and seizure rights.
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Virginia Supreme Court
Feb 2024
Criminal Law Reform
Board of Supervisors of Fairfax County v. Leach-Lewis
In this case, the Virginia Supreme Court is considering whether the U.S. Constitution and/or the Virginia Constitution require the exclusionary rule—which protects people from unconstitutional searches and seizures—to apply in civil zoning enforcement actions. The Institute for Justice, along with The ACLU of Virginia and the Speech, Privacy, and Technology Project and the State Supreme Court Initiative at the ACLU, submitted an amicus brief arguing that the exclusionary rule should apply in civil actions to protect Virginians’ search and seizure rights.
Iowa
Feb 2024
Criminal Law Reform
Racial Justice
State of Iowa v. Lawrence George Canady III
In this case, the Iowa Supreme Court considered when rap lyrics are admissible evidence in criminal trials. The State sought further review of a court of appeals decision which reversed the defendant's criminal convictions and remanded for a trial based on errors in the admission of evidence. Together with the Speech, Privacy, and Technology Project and the ACLU of Iowa, the State Supreme Court Initiative filed an amicus brief arguing that such evidence should usually be excluded because it is rarely probative and yet creates a high risk of prejudice to the defendant. The Court ultimately reversed the court of appeals conviction, although somewhat attempted to limit the admission of the rap video to the facts of the case.
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Iowa
Feb 2024
Criminal Law Reform
Racial Justice
State of Iowa v. Lawrence George Canady III
In this case, the Iowa Supreme Court considered when rap lyrics are admissible evidence in criminal trials. The State sought further review of a court of appeals decision which reversed the defendant's criminal convictions and remanded for a trial based on errors in the admission of evidence. Together with the Speech, Privacy, and Technology Project and the ACLU of Iowa, the State Supreme Court Initiative filed an amicus brief arguing that such evidence should usually be excluded because it is rarely probative and yet creates a high risk of prejudice to the defendant. The Court ultimately reversed the court of appeals conviction, although somewhat attempted to limit the admission of the rap video to the facts of the case.
Georgia Supreme Court
Feb 2024
Criminal Law Reform
Tatum v. State
This case at the Georgia Supreme Court involves the “independent source” doctrine, an exception to the exclusionary rule providing that evidence that is acquired through means genuinely independent of a prior unlawful search or seizure may be accepted by the court. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Georgia, filed an amicus brief arguing that the independent source doctrine does not apply in this case because the police relied on information acquired from a prior, illegal search when they applied for a warrant to search the defendant’s cell phone. The Court’s opinion vacated Tatum’s conviction and remanded to allow the trial court to determine whether the state’s decision to seek the search warrant was “prompted” by the prior unlawful search.
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Georgia Supreme Court
Feb 2024
Criminal Law Reform
Tatum v. State
This case at the Georgia Supreme Court involves the “independent source” doctrine, an exception to the exclusionary rule providing that evidence that is acquired through means genuinely independent of a prior unlawful search or seizure may be accepted by the court. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Georgia, filed an amicus brief arguing that the independent source doctrine does not apply in this case because the police relied on information acquired from a prior, illegal search when they applied for a warrant to search the defendant’s cell phone. The Court’s opinion vacated Tatum’s conviction and remanded to allow the trial court to determine whether the state’s decision to seek the search warrant was “prompted” by the prior unlawful search.
Montana
Feb 2024
Free Speech
LGBTQ Rights
The Imperial Sovereign Court of the State of Montana v. Knudsen
On February 15, 2024, the ACLU and ACLU of Montana filed an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to leave in place an injunction against enforcement of a Montana law that infringes minors’ First Amendment rights by restricting their ability to attend drag performances.
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Montana
Feb 2024
Free Speech
LGBTQ Rights
The Imperial Sovereign Court of the State of Montana v. Knudsen
On February 15, 2024, the ACLU and ACLU of Montana filed an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to leave in place an injunction against enforcement of a Montana law that infringes minors’ First Amendment rights by restricting their ability to attend drag performances.