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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Updated June 14, 2024
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Updated May 23, 2024
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Ohio
May 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
May 2024
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
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 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
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
Status: Ongoing
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Montana Supreme Court
Mar 2024
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
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
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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Kansas
Sep 2023
VoteAmerica v. Schwab (Amicus)
Civic engagement organizations play a critical role in promoting the right to vote, including by helping people register to vote. Kansas passed a law restricting those civic engagement efforts, prohibiting organizations from sending pre-filled applications for mail ballots to voters. The Kansas law is part of a nationwide trend of restricting the right to vote by imposing burdens on civic engagement organizations.
Status: Ongoing
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Kansas
Voting Rights
VoteAmerica v. Schwab (Amicus)
Civic engagement organizations play a critical role in promoting the right to vote, including by helping people register to vote. Kansas passed a law restricting those civic engagement efforts, prohibiting organizations from sending pre-filled applications for mail ballots to voters. The Kansas law is part of a nationwide trend of restricting the right to vote by imposing burdens on civic engagement organizations.
Sep 2023
Status: Ongoing
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Sep 2023
CLEAR, ACLU v. CBP—FOIA Lawsuit Seeking Records on CBP’s Tactical Terrorism Response Teams
The ACLU and its partners have sued CBP to compel it to turn over records on highly secretive units deployed at U.S. ports of entry, which target, detain, search, and interrogate innocent travelers. These units, which may target travelers on the basis of officer “instincts,” raise the risk that CBP is engaging in unlawful profiling or interfering with the First Amendment-protected activity of travelers.
Status: Closed
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National Security
CLEAR, ACLU v. CBP—FOIA Lawsuit Seeking Records on CBP’s Tactical Terrorism Response Teams
The ACLU and its partners have sued CBP to compel it to turn over records on highly secretive units deployed at U.S. ports of entry, which target, detain, search, and interrogate innocent travelers. These units, which may target travelers on the basis of officer “instincts,” raise the risk that CBP is engaging in unlawful profiling or interfering with the First Amendment-protected activity of travelers.
Sep 2023
Status: Closed
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Sep 2023
ACLU v. ODNI – FOIA Lawsuit Seeking Records About Government Surveillance Under the USA Freedom Act
Status: Closed
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National Security
ACLU v. ODNI – FOIA Lawsuit Seeking Records About Government Surveillance Under the USA Freedom Act
Sep 2023
Status: Closed
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U.S. Supreme Court
Sep 2023
Molina v. Book
Whether police officers violated clearly established First Amendment rights when they tear-gassed plaintiffs for serving as legal observers in a public protest.
Status: Ongoing
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U.S. Supreme Court
Free Speech
Molina v. Book
Whether police officers violated clearly established First Amendment rights when they tear-gassed plaintiffs for serving as legal observers in a public protest.
Sep 2023
Status: Ongoing
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U.S. Supreme Court
Sep 2023
McElrath v. Georgia
Does the Double Jeopardy Clause bar an appellate court from reviewing and setting aside a jury’s verdicts of acquittal on the ground that the verdict is inconsistent with the jury’s verdict on other charges?
Status: Ongoing
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U.S. Supreme Court
Criminal Law Reform
McElrath v. Georgia
Does the Double Jeopardy Clause bar an appellate court from reviewing and setting aside a jury’s verdicts of acquittal on the ground that the verdict is inconsistent with the jury’s verdict on other charges?
Sep 2023
Status: Ongoing
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