Supreme Court Term 2023-2024

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.

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.

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.

South Carolina unlawfully assigned voters to congressional districts based on their race and intentionally discriminated against Black voters in violation of the Equal Protection Clause.

Whether the congressional map Louisiana adopted to cure a Voting Rights Act violation in Robinson v. Ardoin is itself unlawful as a gerrymander.

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.

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.

The American Civil Liberties Union, ACLU of Montana, Native American Rights Fund (NARF), and the Harvard Election Law Clinic challenged two Montana laws that hinder Native American participation in the state’s electoral process — HB 530, which prohibited paid third-party ballot collection; and HB 176, which repealed Election Day voter registration (EDR) in Montana. Together, these laws violate a number of provisions in the Montana Constitution: the right to vote, equal protection, free speech, and due process.