Supreme Court Term 2025-2026
We鈥檙e breaking down the cases we've asked the court to consider this term.
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Ongoing
Updated January 26, 2026
Ongoing
Updated January 16, 2026
Ongoing
Updated January 16, 2026
Ongoing
Updated January 9, 2026
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Mississippi
Dec 2025
Voting Rights
White v. Mississippi State Board of Elections
District lines used to elect Mississippi鈥檚 Supreme Court have gone unchanged for more than 35 years. We鈥檙e suing because the current lines crack the Mississippi Delta and dilute the voting strength of Black Mississippians in state Supreme Court elections, in violation of the Voting Rights Act.
Court Case
Dec 2025
National Security
Human Rights
FOIA Case Seeking the Trump Administration鈥檚 Legal Justification for Deadly Boat Strikes
The Department of Justice鈥檚 Office of Legal Counsel (鈥淥LC鈥) authored a legal opinion that reportedly claims to justify the Trump administration鈥檚 illegal lethal strikes on civilians in boats in the Caribbean Sea and eastern Pacific Ocean. Media reports indicate that, in addition to claiming that the strikes are lawful acts in an alleged 鈥渁rmed conflict鈥 with unspecified drug cartels, the OLC opinion also purports to immunize personnel who authorized or took part in the strikes from future criminal prosecution. Because the public deserves to know how our government is justifying these illegal strikes, and why they think the people who carried them out should not be held accountable, the ACLU is seeking immediate release of the OLC legal opinion and related documents pursuant to the Freedom of Information Act.
U.S. Supreme Court
Dec 2025
Immigrants' Rights
Barbara v. Donald J. Trump
U.S. Supreme Court
Nov 2025
Voting Rights
Racial Justice
Allen v. Milligan
Whether Alabama鈥檚 congressional districts violate Section 2 of the Voting Rights Act because they discriminate against Black voters. We succeeded in winning a new map for 2024 elections which, for the first time, has two congressional district that provide Black voters a fair opportunity to elect candidates of their choosing despite multiple attempts by Alabama to stop us at the Supreme Court. Despite this win, Alabama is still defending its discriminatory map, and a trial was held in February 2025 to determine the map for the rest of the decade.
In May 2025, a federal court ruled that Alabama's 2023 congressional map both violates Section 2 of the Voting Rights Act and was enacted by the Alabama Legislature with racially discriminatory intent.
Washington, D.C.
Oct 2025
Voting Rights
League of Women Voters Education Fund v. Trump
On March 25, 2025, in a sweeping and unprecedented Executive Order, President Trump attempted to usurp the power to regulate federal elections from Congress and the States. Among other things, the Executive Order directs the Election Assistance Commission鈥攁n agency that Congress specifically established to be bipartisan and independent鈥攖o require voters to show a passport or other citizenship documentation in order to register to vote in federal elections. If implemented, the Executive Order would threaten the ability of millions of eligible Americans to register and vote and upend the administration of federal elections.
On behalf of leading voter registration organizations and advocacy organizations, the ACLU and co-counsel filed a lawsuit to block the Executive Order as an unconstitutional power grab.
U.S. Supreme Court
Oct 2025
Voting Rights
State Board of Election Commissioners v. Mississippi State Conference of the NAACP
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鈥檚 latest districting maps fail to reflect the reality of the state鈥檚 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.
U.S. Supreme Court
Oct 2025
Voting Rights
Louisiana v. Callais (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.
Missouri
Sep 2025
Voting Rights
Wise v. Missouri
In unprecedented fashion, the State of Missouri has redrawn the district lines used for electing members of Congress for a second time this decade. These new district lines are gerrymandered and will harm political representation for all Missourians, particularly Black residents in Kansas City, who have been divided along racial lines.
Louisiana
Aug 2025
Voting Rights
Nairne v. Landry
Nairne v. Landry poses a challenge under Section 2 of the Voting Rights Act of 1965 to Louisiana鈥檚 House and Senate legislative maps on behalf of plaintiff Black voters and Black voters across the state.
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New Mexico Supreme Court
Feb 2026
Civil Liberties
Atencio v. State of New Mexico
This case asks whether the State of New Mexico鈥檚 actions enabling pollution from oil and gas extraction, and its failure to control that pollution, violate the New Mexico Constitution鈥檚 Pollution Control Clause, Inherent Rights Clause, Due Process Clause, and Equal Protection Clause. Our brief urges the New Mexico Supreme Court to answer those questions by retiring its 鈥渋nterstitial approach鈥 to state constitutional interpretation鈥攚hich looks first to federal doctrine when interpreting state constitutional provisions that arguably have U.S. Constitutional analogues鈥攁nd instead interpreting the New Mexico Constitution holistically and independently. This independent approach, we explain, will ensure that New Mexicans can enjoy鈥攁nd enforce鈥攖he rights guaranteed to them in their unique founding document.
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New Mexico Supreme Court
Feb 2026
Civil Liberties
Atencio v. State of New Mexico
This case asks whether the State of New Mexico鈥檚 actions enabling pollution from oil and gas extraction, and its failure to control that pollution, violate the New Mexico Constitution鈥檚 Pollution Control Clause, Inherent Rights Clause, Due Process Clause, and Equal Protection Clause. Our brief urges the New Mexico Supreme Court to answer those questions by retiring its 鈥渋nterstitial approach鈥 to state constitutional interpretation鈥攚hich looks first to federal doctrine when interpreting state constitutional provisions that arguably have U.S. Constitutional analogues鈥攁nd instead interpreting the New Mexico Constitution holistically and independently. This independent approach, we explain, will ensure that New Mexicans can enjoy鈥攁nd enforce鈥攖he rights guaranteed to them in their unique founding document.
Delaware
Feb 2026
Voting Rights
United States v. Albence
The Department of Justice (DOJ) sued the State of Delaware, seeking its unredacted statewide voter file, including sensitive personal data such as driver鈥檚 license numbers and partial social security numbers. DOJ鈥檚 efforts appear to be part of an effort to build a national voter database without congressional authorization and to improperly question the validity of state voter rolls.
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Delaware
Feb 2026
Voting Rights
United States v. Albence
The Department of Justice (DOJ) sued the State of Delaware, seeking its unredacted statewide voter file, including sensitive personal data such as driver鈥檚 license numbers and partial social security numbers. DOJ鈥檚 efforts appear to be part of an effort to build a national voter database without congressional authorization and to improperly question the validity of state voter rolls.
Iowa Supreme Court
Feb 2026
Racial Justice
In re Ezra L. Totton Scholarship
This case asks whether, in the wake of the U.S. Supreme Court鈥檚 holding in Students for Fair Admissions, Inc. v. Harvard College, a university may refuse to administer a privately funded scholarship set aside for Black students majoring in the physical sciences and redirect those funds to first-generation students instead. The district court denied the University鈥檚 petition to do so, and the case is now on appeal before the Iowa Supreme Court. The Court鈥檚 decision could have significant implications for other private scholarships that address the lasting effects of segregation.
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Iowa Supreme Court
Feb 2026
Racial Justice
In re Ezra L. Totton Scholarship
This case asks whether, in the wake of the U.S. Supreme Court鈥檚 holding in Students for Fair Admissions, Inc. v. Harvard College, a university may refuse to administer a privately funded scholarship set aside for Black students majoring in the physical sciences and redirect those funds to first-generation students instead. The district court denied the University鈥檚 petition to do so, and the case is now on appeal before the Iowa Supreme Court. The Court鈥檚 decision could have significant implications for other private scholarships that address the lasting effects of segregation.
Tennessee
Feb 2026
Religious Liberty
Wilberforce Academy of Knoxville v. Knox County Board of Education
ACLU, ACLU of Tennessee, and partners are representing six Knox County taxpayers dedicated to supporting public education and the separation of church and state who oppose Wilberforce Academy鈥檚 effort to force the county to authorize and fund it as a religious public charter school. The taxpayers, public school parents and faith and community leaders, object to their tax dollars funding a public charter school that will indoctrinate students into one religion, in violation of Tennessee and federal law and our nation鈥檚 longstanding commitment to the separation of church and state. They want to ensure that public schools remain secular and open to all.
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Tennessee
Feb 2026
Religious Liberty
Wilberforce Academy of Knoxville v. Knox County Board of Education
ACLU, ACLU of Tennessee, and partners are representing six Knox County taxpayers dedicated to supporting public education and the separation of church and state who oppose Wilberforce Academy鈥檚 effort to force the county to authorize and fund it as a religious public charter school. The taxpayers, public school parents and faith and community leaders, object to their tax dollars funding a public charter school that will indoctrinate students into one religion, in violation of Tennessee and federal law and our nation鈥檚 longstanding commitment to the separation of church and state. They want to ensure that public schools remain secular and open to all.
California
Jan 2026
Free Speech
Privacy & Technology
Doe v. DHS
On February 2, 2026, the ACLU, ACLU of Northern California, and the ACLU of Pennsylvania filed a motion in federal court to quash a Department of Homeland Security (鈥淒HS鈥) administrative subpoena seeking Google subscriber records about our client, solely because he engaged in constitutionally protected speech criticizing DHS conduct.
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California
Jan 2026
Free Speech
Privacy & Technology
Doe v. DHS
On February 2, 2026, the ACLU, ACLU of Northern California, and the ACLU of Pennsylvania filed a motion in federal court to quash a Department of Homeland Security (鈥淒HS鈥) administrative subpoena seeking Google subscriber records about our client, solely because he engaged in constitutionally protected speech criticizing DHS conduct.