Supreme Court Term 2023-2024
We’re breaking down the cases we've asked the court to consider this term.
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Updated September 27, 2024
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Pennsylvania Supreme Court
Sep 2024
Black Political Empowerment Project v. Schmidt
A statewide coalition of nonpartisan community organizations sued Pennsylvania Secretary of State Al Schmidt and election officials in Philadelphia and Allegheny County state court, demanding an end to the disqualification of mail-in ballots for inconsequential date errors. This practice violates the fundamental right to vote in free and equal elections guaranteed by the Pennsylvania Constitution.
Status: Ongoing
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Michigan
Sep 2024
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.
Status: Closed (Settled)
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Ohio
Sep 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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U.S. Supreme Court
Sep 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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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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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: 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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All Cases
1,473 Court Cases
Florida
Sep 2021
Barnett v. Tony
Decarceration has always been an emergency, a life and death proposition, but COVID-19 makes this effort intensely urgent. The ACLU has been working with our partners to litigate for the rights of those who are incarcerated and cannot protect themselves because of the policies of the institutions in which they are jailed.
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Florida
Criminal Law Reform
Prisoners' Rights
Barnett v. Tony
Decarceration has always been an emergency, a life and death proposition, but COVID-19 makes this effort intensely urgent. The ACLU has been working with our partners to litigate for the rights of those who are incarcerated and cannot protect themselves because of the policies of the institutions in which they are jailed.
Sep 2021
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Sep 2021
Cargian v. Breitling
Fred Cargain was hired by Breitling USA in 1990 and served as a leading sales rep for the company for over 15 years. In 2010 following the hiring of a new CEO, Cargain started to be treated differently than other men in similar positions. After multiple promotions and 23 years with the company, Cargain was fired in 2013.
Status: Closed (Judgment)
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LGBTQ Rights
Cargian v. Breitling
Fred Cargain was hired by Breitling USA in 1990 and served as a leading sales rep for the company for over 15 years. In 2010 following the hiring of a new CEO, Cargain started to be treated differently than other men in similar positions. After multiple promotions and 23 years with the company, Cargain was fired in 2013.
Sep 2021
Status: Closed (Judgment)
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Tennessee
Sep 2021
Nashville Community Bail Fund v. Gentry
In Nashville, local officials keep money posted as bail to pay fines and fees. This happens even when the person whose bond was posted shows up to their required court dates. Under a local court rule and policies from the criminal clerk, pretrial release is conditioned on future payment, which leverages pretrial freedom to make money for the government.
Status: Ongoing
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Tennessee
Criminal Law Reform
Smart Justice
Nashville Community Bail Fund v. Gentry
In Nashville, local officials keep money posted as bail to pay fines and fees. This happens even when the person whose bond was posted shows up to their required court dates. Under a local court rule and policies from the criminal clerk, pretrial release is conditioned on future payment, which leverages pretrial freedom to make money for the government.
Sep 2021
Status: Ongoing
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Colorado Supreme Court
Sep 2021
People v. Tafoya
This case concerns whether the government may surreptitiously record the activities around a person’s home using a remotely operated, pole-mounted video camera for an extended period of time without a warrant. On September 13, 2021, the Colorado Supreme Court held that the Fourth Amendment protects against such surveillance and requires that police obtain a warrant.
Status: Closed (Judgment)
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Colorado Supreme Court
Privacy & Technology
National Security
People v. Tafoya
This case concerns whether the government may surreptitiously record the activities around a person’s home using a remotely operated, pole-mounted video camera for an extended period of time without a warrant. On September 13, 2021, the Colorado Supreme Court held that the Fourth Amendment protects against such surveillance and requires that police obtain a warrant.
Sep 2021
Status: Closed (Judgment)
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Aug 2021
J.W. v. Paley
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.
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Racial Justice
+2 Issues
J.W. v. Paley
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.
Aug 2021
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