In The Courts

This case challenges the government’s authority to incarcerate individuals accused of probation violations for months or years without meaningfully assessing their risk to the community.

Although Texas law clearly prohibits prosecuting people for terminating their pregnancies, Starr County officials indicted, arrested, and jailed Lizelle Gonzalez for having an abortion. The ACLU’s Abortion Criminal Defense Initiative and Criminal Law Reform Project, alongside the ACLU of Texas and south Texas firm Garza Martinez, are representing Ms. Gonzalez in a lawsuit against Starr County and local officials based on violations of Ms. Gonzalez’s constitutional rights.

This case in the Iowa Supreme Court asked whether a city ordinance that mandates rental inspections every five years, irrespective of whether a tenant consents to the inspection and in the absence of individualized probable cause, violates the state constitution. The ACLU’s State Supreme Court Initiative assisted the ACLU of Iowa in filing an amicus brief to argue that tenants have a right under the Iowa Constitution to be free from non-consensual searches of their rented homes, absent a showing of individualized probable cause. The court ultimately held that the plaintiffs had raised only a facial challenge to the ordinance, and because the ordinance could operate without violating the Iowa Constitution in at least some circumstances, the challenge failed. The court's decision does not foreclose future challenges on an as-applied basis where the plaintiffs' claims are ripe for review.

This case in the Mississippi Supreme Court is a post-conviction appeal of a pro se defendant, Mr. Soweto Love, who argued that his guilty plea was not entered knowingly, voluntarily, and intelligently. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Mississippi, filed an amicus brief arguing that the law is on Mr. Love’s side, but urging the Court to exercise its discretion to inform Mr. Love that a win could resuscitate his charge and expose him to longer sentences. Consistent with the ACLU amicus brief, the Mississippi Supreme Court held that the trial court had plainly erred by misinforming Mr. Love that his applicable mandatory minimum was one year of imprisonment on each count to which he had pled guilty, when in in fact the mandatory minimum sentence was five years’ imprisonment on each count. The Court remanded Mr. Love’s case to the trial court for an evidentiary hearing.