Supreme Court Term 2023-2024
We’re breaking down the cases we've asked the court to consider this term.
Latest Case Updates
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Updated June 26, 2024
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Ohio
May 2024
![Planned Parenthood Southwest Ohio Region et al., v. Ohio Department of Health, et al.](https://wp.api.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
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
May 2024
![South Carolina](https://assets.aclu.org/live/uploads/2023/05/SC-2-600x400.jpg)
Alexander v. South Carolina State Conference of the NAACP (Congressional Map Challenge)
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.
Status: Ongoing
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U.S. Supreme Court
May 2024
![Louisiana](https://assets.aclu.org/live/uploads/2024/03/Depositphotos_466919260_S-600x400.jpg)
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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Texas
Apr 2024
![Crystal Mason](https://assets.aclu.org/live/uploads/2024/03/Crystal_Mason_1160x650-600x336.png)
Crystal Mason v. State of Texas
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.
Status: Closed (Judgment)
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U.S. Supreme Court
Apr 2024
![Idaho and Moyle, et al. v. United States](https://wp.api.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
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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U.S. Supreme Court
Apr 2024
![City of Grants Pass v. Johnson](https://wp.api.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
City of Grants Pass v. Johnson
Status: Ongoing
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Montana Supreme Court
Mar 2024
![MT](https://assets.aclu.org/live/uploads/2021/05/MT.jpg)
Western Native Voice v. Jacobsen
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.
Status: Closed (Judgment)
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Florida
Mar 2024
![VT](https://assets.aclu.org/live/uploads/2024/02/section_civic_engagement.jpg)
Hispanic Federation v. Byrd
Of all 50 states, Florida ranks 47th in percentage of its eligible citizens who are registered to vote. Yet, in May 2023, Florida Governor Ron DeSantis signed SB 7050, which bars any noncitizen — regardless of lawful residence status — from working or volunteering for third-party voter registration organizations (3PVROs) who register eligible Floridians to vote. In practice, the law imposes a $50,000 fine on a 3PVRO for each noncitizen who engages in voter-registration work on a 3PVRO’s behalf. This law would silence and put out of business countless community-based groups that rely on both citizens and noncitizens to help eligible voters in their communities participate in their democracy.
Status: Ongoing
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U.S. Supreme Court
Dec 2023
![Outside Federal Bureau of Investigation Headquarters](https://assets.aclu.org/live/uploads/2019/10/web19-fbi-building-kristi-blokhin-shutterstock.com-blogimage-1160x768-600x397.jpg)
FBI v. Fikre
Whether the government can overcome the voluntary cessation exception to mootness by removing an individual from the No Fly List when the government has not repudiated its decision to place him on the List and remains free to return him to the List for the same reasons and using the same procedures he alleges were unlawful.
Status: Ongoing
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All Cases
1,439 Court Cases
Maine Supreme Court
Nov 2023
![State v. Labbe](https://wp.api.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
State v. Labbe
This free-speech case concerns a prosecution for “stalking” based on evidence of a defendant’s speech alone, without any requirement of subjective intent. Freedom of speech is a bedrock protection of both the Maine Constitution and the United States Constitution. This protection requires, at minimum, that a criminal defendant cannot be prosecuted for stalking carried out via speech alone unless the state proves a subjective-intent element beyond a reasonable doubt. This protection ensures that states do not prosecute and punish people for their protected speech. In October 2023, the ACLU and the ACLU of Maine filed an amicus brief in the Supreme Judicial Court of Maine, asking the court to vacate a defendant’s stalking conviction that was based on his speech alone, without any evidence as to subjective intent.
Status: Closed
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![State v. Labbe](https://wp.api.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Maine Supreme Court
Free Speech
State v. Labbe
This free-speech case concerns a prosecution for “stalking” based on evidence of a defendant’s speech alone, without any requirement of subjective intent. Freedom of speech is a bedrock protection of both the Maine Constitution and the United States Constitution. This protection requires, at minimum, that a criminal defendant cannot be prosecuted for stalking carried out via speech alone unless the state proves a subjective-intent element beyond a reasonable doubt. This protection ensures that states do not prosecute and punish people for their protected speech. In October 2023, the ACLU and the ACLU of Maine filed an amicus brief in the Supreme Judicial Court of Maine, asking the court to vacate a defendant’s stalking conviction that was based on his speech alone, without any evidence as to subjective intent.
Nov 2023
Status: Closed
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Colorado
Nov 2023
![Sellers v. People](https://wp.api.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Sellers v. People
In September 2023, the ACLU, the ACLU of Colorado, The Boston University Center for Antiracist Research, the law firm Mintz Levin, and other partners filed an amicus brief with the Colorado Supreme Court arguing that mandatory life-without-parole (LWOP) sentences for strict liability felony murder are “cruel and unusual” in violation of the Colorado and U.S. Constitutions. The brief focuses on how these mandatory LWOP sentences drive racial injustice.
Status: Ongoing
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![Sellers v. People](https://wp.api.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Colorado
Racial Justice
Criminal Law Reform
Sellers v. People
In September 2023, the ACLU, the ACLU of Colorado, The Boston University Center for Antiracist Research, the law firm Mintz Levin, and other partners filed an amicus brief with the Colorado Supreme Court arguing that mandatory life-without-parole (LWOP) sentences for strict liability felony murder are “cruel and unusual” in violation of the Colorado and U.S. Constitutions. The brief focuses on how these mandatory LWOP sentences drive racial injustice.
Nov 2023
Status: Ongoing
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Kentucky Supreme Court
Nov 2023
![KY](https://assets.aclu.org/live/uploads/2023/11/Depositphotos_466943004_S-600x400.jpg)
Commonwealth of Kentucky v. Graham (Amicus)
State legislatures are responsible for creating state legislative and U.S. congressional districts. In 2019, the U.S. Supreme Court held in Rucho v. Common Cause that federal courts have no authority to review claims that states have sorted voters along partisan lines to favor one political party over others. However, challenges to partisan gerrymandering continue in many state courts, and this case involves one such constitutional challenge in Kentucky.
Status: Closed
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![KY](https://assets.aclu.org/live/uploads/2023/11/Depositphotos_466943004_S-600x400.jpg)
Kentucky Supreme Court
Voting Rights
Commonwealth of Kentucky v. Graham (Amicus)
State legislatures are responsible for creating state legislative and U.S. congressional districts. In 2019, the U.S. Supreme Court held in Rucho v. Common Cause that federal courts have no authority to review claims that states have sorted voters along partisan lines to favor one political party over others. However, challenges to partisan gerrymandering continue in many state courts, and this case involves one such constitutional challenge in Kentucky.
Nov 2023
Status: Closed
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Florida
Nov 2023
![Students for Justice in Palestine at the University of Florida v. Raymond Rodrigues](https://wp.api.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Students for Justice in Palestine at the University of Florida v. Raymond Rodrigues
The University of Florida chapter of Students for Justice in Palestine filed a lawsuit on November 16, 2023, challenging the Chancellor of the State University System of Florida’s order to state universities to deactivate the student group. This order threatens the students’ constitutionally-protected right to free speech and association in violation of the First Amendment. The ACLU and its partners are seeking a preliminary injunction that would bar the Chancellor and the University of Florida from deactivating the UF SJP.
Status: Ongoing
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![Students for Justice in Palestine at the University of Florida v. Raymond Rodrigues](https://wp.api.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Florida
Free Speech
+2 Issues
Students for Justice in Palestine at the University of Florida v. Raymond Rodrigues
The University of Florida chapter of Students for Justice in Palestine filed a lawsuit on November 16, 2023, challenging the Chancellor of the State University System of Florida’s order to state universities to deactivate the student group. This order threatens the students’ constitutionally-protected right to free speech and association in violation of the First Amendment. The ACLU and its partners are seeking a preliminary injunction that would bar the Chancellor and the University of Florida from deactivating the UF SJP.
Nov 2023
Status: Ongoing
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Utah Supreme Court
Nov 2023
![Barrani v. Salt Lake City](https://wp.api.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Barrani v. Salt Lake City
Hundreds if not thousands of Salt Lake City, Utah, residents have nowhere safe to stay and must live and sleep in public. This case—brought by a small group of residents and businesses—involves the question whether this citywide homelessness crisis constitutes a nuisance under Utah state law. It also presents the question whether Salt Lake City can be ordered to clear encampments, forcibly relocate people who are unhoused, and enforce vague and overbroad laws criminalizing homelessness where doing so will likely, if not certainly, violate unhoused people’s state and federal constitutional rights. The ACLU’s State Supreme Court Initiative and Trone Center for Justice and Equality, along with the ACLU of Utah and the Salt Lake Legal Defenders Association, represent amici curiae in the trial court who oppose the plaintiffs’ nuisance claims and their request for relief.
Status: Closed (Dismissed)
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![Barrani v. Salt Lake City](https://wp.api.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Utah Supreme Court
Civil Liberties
Human Rights
Barrani v. Salt Lake City
Hundreds if not thousands of Salt Lake City, Utah, residents have nowhere safe to stay and must live and sleep in public. This case—brought by a small group of residents and businesses—involves the question whether this citywide homelessness crisis constitutes a nuisance under Utah state law. It also presents the question whether Salt Lake City can be ordered to clear encampments, forcibly relocate people who are unhoused, and enforce vague and overbroad laws criminalizing homelessness where doing so will likely, if not certainly, violate unhoused people’s state and federal constitutional rights. The ACLU’s State Supreme Court Initiative and Trone Center for Justice and Equality, along with the ACLU of Utah and the Salt Lake Legal Defenders Association, represent amici curiae in the trial court who oppose the plaintiffs’ nuisance claims and their request for relief.
Nov 2023
Status: Closed (Dismissed)
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