Whether a district court must or may consider intervening legal and factual developments when deciding if it should “impose a reduced sentence” on an individual under Section 404(b) of the First Step Act of 2018, which was enacted to ameliorate the unjust sentences imposed by overly harsh treatment of crack cocaine offenses under prior law.

This lawsuit challenges an Oklahoma classroom censorship law, HB 1775, that severely restricts public school teachers and students from teaching and learning about race and gender.

In this case, the U.S. Court of Appeals for the Third Circuit held that the Philadelphia metropolitan transit system’s ban on “political” and public issue advertisements violated the First Amendment because the policy could not be applied in a logical, consistent manner.

It is critical that the Fifth Circuit Court of Appeals clarify that the Fourth Amendment applies to the use of force against schoolchildren. J.W. v. Paley involves Fourteenth and Fourth Amendment claims stemming from a police officer tasing a high school student with disabilities who was attempting to exit the school building to calm down following an incident with another student. The district court dismissed the Fourteenth Amendment claim based on precedent, but allowed the Fourth Amendment claim to proceed, denying qualified immunity to the officer. The Fifth Circuit, however, reversed the lower court’s decision regarding the Fourth Amendment claim, ultimately leaving schoolchildren without any constitutional protection from excessive force by law enforcement in the Fifth Circuit.

In July 2021, the ACLU, the ACLU of Montana, and the Native American Rights Fund (NARF) filed a class-action lawsuit on behalf of five Indian nations and 18 individual plaintiffs challenging the state of Montana’s failure to fulfill its constitutional mandate to teach public school students the history and culture of the first peoples of Montana in consultation with local tribes.