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
Kentucky Supreme Court
Jun 2023
Free Speech
Civil Liberties
ARKK Properties v. Cameron
In 2023, the Kentucky General Assembly passed a new law that targets only those Kentuckians who “challenge the constitutionality” of a state statute or similar law and seek relief against a state defendant in state court. Under S.B. 126, any party to a covered lawsuit will have a unilateral right to require transfer of the case from the circuit court where it was properly filed to a randomly chosen circuit anywhere else in the state, potentially hundreds of miles away and at great cost to Kentuckians who stand up for their rights. The ACLU of Kentucky, the Kentucky Equal Justice Center, and the Kentucky Resources Council—with representation from attorneys at the ACLU of Kentucky and the ACLU’s State Supreme Court Initiative—filed an amicus brief in the Kentucky Supreme Court, asking the Court to hold that the law violates the Kentucky Constitution. In October, the Kentucky Supreme Court invalidated S.B. 126, ruling in favor of the ACLU.
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Kentucky Supreme Court
Jun 2023
Free Speech
Civil Liberties
ARKK Properties v. Cameron
In 2023, the Kentucky General Assembly passed a new law that targets only those Kentuckians who “challenge the constitutionality” of a state statute or similar law and seek relief against a state defendant in state court. Under S.B. 126, any party to a covered lawsuit will have a unilateral right to require transfer of the case from the circuit court where it was properly filed to a randomly chosen circuit anywhere else in the state, potentially hundreds of miles away and at great cost to Kentuckians who stand up for their rights. The ACLU of Kentucky, the Kentucky Equal Justice Center, and the Kentucky Resources Council—with representation from attorneys at the ACLU of Kentucky and the ACLU’s State Supreme Court Initiative—filed an amicus brief in the Kentucky Supreme Court, asking the Court to hold that the law violates the Kentucky Constitution. In October, the Kentucky Supreme Court invalidated S.B. 126, ruling in favor of the ACLU.
Nebraska Supreme Court
May 2023
Reproductive Freedom
LGBTQ Rights
Planned Parenthood of the Heartland v. Hilgers
In May 2023, the American Civil Liberties Union and the ACLU of Nebraska filed a lawsuit on behalf of Nebraska abortion providers and their patients challenging a state law that bans physicians from providing abortion after 12 weeks of pregnancy and that, as of October 2023, will restrict health care available to trans youth. The ACLU has asked a state court in Nebraska to enter an emergency order blocking the law’s enforcement. The Court ruled that the two halves of L.B. 574 fall within the single subject of regulating health care, and thus the Court held that L.B. 574 does not violate the single-subject rule. Consequently, the abortion ban and gender-affirming care restrictions in L.B. 574 remain in effect. However, the Court did reject the state’s argument that the single-subject is a nonjusticiable political question.
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Nebraska Supreme Court
May 2023
Reproductive Freedom
LGBTQ Rights
Planned Parenthood of the Heartland v. Hilgers
In May 2023, the American Civil Liberties Union and the ACLU of Nebraska filed a lawsuit on behalf of Nebraska abortion providers and their patients challenging a state law that bans physicians from providing abortion after 12 weeks of pregnancy and that, as of October 2023, will restrict health care available to trans youth. The ACLU has asked a state court in Nebraska to enter an emergency order blocking the law’s enforcement. The Court ruled that the two halves of L.B. 574 fall within the single subject of regulating health care, and thus the Court held that L.B. 574 does not violate the single-subject rule. Consequently, the abortion ban and gender-affirming care restrictions in L.B. 574 remain in effect. However, the Court did reject the state’s argument that the single-subject is a nonjusticiable political question.
California
May 2023
Prisoners' Rights
Smart Justice
Rosas v. Luna
Rosas v. Luna is a class action lawsuit brought by the ACLU of Southern California (ACLU SoCal), the ACLU’s National Prison Project (NPP), and the law firm of Paul Hastings LLP in 2012 against the Los Angeles Sheriff’s Department (LASD) over its routine, excessive, and unnecessary use of force against incarcerated people in the Los Angeles Jail system.
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California
May 2023
Prisoners' Rights
Smart Justice
Rosas v. Luna
Rosas v. Luna is a class action lawsuit brought by the ACLU of Southern California (ACLU SoCal), the ACLU’s National Prison Project (NPP), and the law firm of Paul Hastings LLP in 2012 against the Los Angeles Sheriff’s Department (LASD) over its routine, excessive, and unnecessary use of force against incarcerated people in the Los Angeles Jail system.
Utah Supreme Court
May 2023
Reproductive Freedom
Planned Parenthood Association of Utah v. State of Utah
This case involves a challenge to Utah Senate Bill (“S.B.”), a law that criminalizes nearly all abortions in Utah. In June 2022, Planned Parenthood Association of Utah (“PPAU”), one of only two abortion providers in the state, challenged S.B. 174 in Utah state court. It is currently litigating in the Utah Supreme Court to ensure the law remains blocked while courts consider the case. PPAU is represented in the appeal by the ACLU’s State Supreme Court Initiative, along with the ACLU of Utah, Planned Parenthood Federation of America, and the Utah law firm Zimmerman Booher. In August 2024, in a major win for Utahns, the Court affirmed the lower court order blocking SB 174. As a result, abortion remains legal in Utah until 18 weeks of pregnancy.
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Utah Supreme Court
May 2023
Reproductive Freedom
Planned Parenthood Association of Utah v. State of Utah
This case involves a challenge to Utah Senate Bill (“S.B.”), a law that criminalizes nearly all abortions in Utah. In June 2022, Planned Parenthood Association of Utah (“PPAU”), one of only two abortion providers in the state, challenged S.B. 174 in Utah state court. It is currently litigating in the Utah Supreme Court to ensure the law remains blocked while courts consider the case. PPAU is represented in the appeal by the ACLU’s State Supreme Court Initiative, along with the ACLU of Utah, Planned Parenthood Federation of America, and the Utah law firm Zimmerman Booher. In August 2024, in a major win for Utahns, the Court affirmed the lower court order blocking SB 174. As a result, abortion remains legal in Utah until 18 weeks of pregnancy.
May 2023
National Security
Xi v. United States – Challenge to Warrantless Surveillance
The ACLU represents Xiaoxing Xi, a Chinese-American physics professor at Temple University, who is suing the government over its dismissed prosecution of him for supposedly sharing sensitive technology with scientists in China. The lawsuit, filed in 2017, challenges the FBI’s baseless arrest of Xi and it surveillance methods as well as its discriminatory targeting of Chinese-American scientists.
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May 2023
National Security
Xi v. United States – Challenge to Warrantless Surveillance
The ACLU represents Xiaoxing Xi, a Chinese-American physics professor at Temple University, who is suing the government over its dismissed prosecution of him for supposedly sharing sensitive technology with scientists in China. The lawsuit, filed in 2017, challenges the FBI’s baseless arrest of Xi and it surveillance methods as well as its discriminatory targeting of Chinese-American scientists.