Supreme Court Term 2023-2024
We’re breaking down the cases we've asked the court to consider this term.
Latest Case Updates
Ongoing
Updated August 13, 2024
Ongoing
Updated August 12, 2024
Closed (Judgment)
Updated August 9, 2024
Ongoing
Updated July 30, 2024
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Minnesota Supreme Court
Aug 2024
Minnesota Voters Alliance v. Hunt
The ACLU and ACLU of Minnesota intervened as defendants to block an attempt by Minnesota Voters Alliance -- a private plaintiff group -- to challenge a law that restored voting rights to individuals convicted of a felony while they are "not incarcerated for the offense" and "including any period when they are on work release."
Status: Closed (Judgment)
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U.S. Supreme Court
Jul 2024
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.
Status: Ongoing
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Nebraska Supreme Court
Jul 2024
King 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.
Status: Ongoing
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South Carolina Supreme Court
Jul 2024
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.
Status: Ongoing
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Ohio
Jul 2024
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.
Status: Ongoing
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Mississippi
Jul 2024
Mississippi State Conference of the NAACP v. State Board of Election Commissioners
Mississippi has a growing Black population, which is already the largest Black population percentage of any state in the country. Yet. Black Mississippians continue to be significantly under-represented in the state legislature, as Mississippi’s latest districting maps fail to reflect the reality of the state’s changing demographics. During the 2022 redistricting process, the Mississippi legislature refused to create any new districts where Black voters have a chance to elect their preferred representative. The current district lines therefore dilute the voting power of Black Mississippians and continue to deprive them of political representation that is responsive to their needs and concerns, including severe disparities in education and healthcare.
Status: Ongoing
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Ohio
May 2024
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.
Status: Ongoing
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Texas
Apr 2024
Crystal Mason v. State of Texas
Crystal Mason thought she was performing her civic duty by filling out a provisional ballot in the 2016 election. She didn't know it would land her a five-year prison sentence, upending her family and the life she had built. At the time, Ms. Mason was on federal supervised release, a preliminary period of freedom for individuals who have served their full time of incarceration in federal prison. Ms. Mason didn’t know, and nobody told her, that the state considered her ineligible to vote while on supervised release. Because her name didn’t appear on voter rolls, she filed a provisional ballot, consistent with federal law. The state never counted her ballot but has still sought to send her to prison for an innocent mistake.
Status: Closed (Judgment)
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U.S. Supreme Court
Apr 2024
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.
Status: Ongoing
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Georgia Supreme Court
Feb 2024
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.
Status: Closed
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Georgia Supreme Court
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.
Feb 2024
Status: Closed
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Pennsylvania Supreme Court
Feb 2024
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.
Status: Ongoing
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Pennsylvania Supreme Court
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.
Feb 2024
Status: Ongoing
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Virginia Supreme Court
Feb 2024
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
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.
Feb 2024
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Iowa
Feb 2024
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.
Status: Ongoing
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Iowa
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.
Feb 2024
Status: Ongoing
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Montana
Feb 2024
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.
Status: Ongoing
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Montana
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.
Feb 2024
Status: Ongoing
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