Supreme Court Term 2023-2024

This case involves a state constitutional challenge to the Utah Legislature’s 2021 redistricting plan, which was drawn to entrench the majority political party’s power and to discriminate against Utahns whose political expression aligns with an opposition political party. The ACLU and the ACLU of Utah filed an amicus brief in support of the challenge in the Utah Supreme Court, explaining why the redistricting map violates Utahns’ free-expression rights and why courts have the authority to block the map as unconstitutional.

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.

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.

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.

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.