The North Carolina Department of Public Safety has continually denied Kanautica Zayre-Brown, an incarcerated transgender woman in their custody, access to gender-affirming surgery.

Pretrial detainees cannot be punished because they have not been convicted of any crime. Yet until recently, courts have applied the Eighth Amendment’s heightened, subjective legal standard applicable to convicted prisoners to claims brought by pretrial detainees. The ACLU is working to ensure that courts apply a lower, objective standard to Fourteenth Amendment claims brought by pretrial detainees.

Hasson Bacote, a Black man from Johnston County, North Carolina, is challenging his death sentence under the first-of-its kind law, the North Carolina Racial Justice Act (RJA). He argues that race played an impermissible role in jury selection, not just in his case, but in all death penalty cases in North Carolina. Mr. Bacote’s case may signal the beginning of the end of the death penalty in North Carolina. A trial court will begin to hear evidence in the case on February 26, 2024.

North Carolina health care providers filed a lawsuit on June 16, 2023 challenging several provisions in Senate Bill 20, a sweeping law that severely restricts access to abortion from the earliest stages of pregnancy and bans care after 12 weeks in nearly all circumstances. The case was filed one month after the North Carolina General Assembly rushed S.B. 20 through both chambers and overrode a veto from Gov. Roy Cooper to put it into law. The law — which was drafted and passed without any opportunity to amend — is scheduled to take effect on July 1.