Supreme Court Term 2023-2024
We’re breaking down the cases we've asked the court to consider this term.
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Ongoing
Updated October 31, 2024
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Updated October 15, 2024
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Updated October 11, 2024
Ongoing
Updated September 27, 2024
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Georgia
Nov 2024
Voting Rights
Ayota v. Fall
On October 31, 2024, just five days before the November 5 General Election, Cobb County announced that it had failed to send more than 3,000 absentee ballots to Cobb County voters who had timely requested them. Many of these voters are at school hundreds of miles away or have disabilities that make it all but impossible to vote in person. The ACLU and co-counsel sued on behalf of affected voters to ensure that they would not be disenfranchised because of the County's administrative error.
U.S. Supreme Court
Oct 2024
Voting Rights
Republican National Committee v. Genser
Voters in Butler County, Pennsylvania made a mistake in voting their mail ballots in the April 2024 primary election, forgetting to use the required secrecy envelope. Because their mail ballots could not be counted, they went to the polls in Election Day and voted provisional ballots. The County later determined that it would not count their provisional ballots, and the voter’s appealed, arguing that Pennsylvania law requires that when an eligible voter attempts to vote by mail but the mail ballot is rendered void due to some defect like lacking a secrecy envelope, the eligible voter may cast a provisional ballot and have that ballot counted notwithstanding the failed attempt to vote by mail.
Georgia
Oct 2024
Voting Rights
Eternal Vigilance Action, Inc. v. Georgia
The ACLU and partner organizations have sought to intervene in this case to represent the rights of voters and voting-rights organizations in a case challenging a number of rules passed by the Georgia State Election Board. We challenge a rule that requires that the number of votes cast be hand counted at the polling place prior to the tabulation of votes. This rule risks delay and spoliation of ballots, putting in danger voters’ rights to have their votes count.
Texas
Oct 2024
Voting Rights
OCA-Greater Houston v. Paxton
Texas has growing Hispanic and Black populations that helped propel record voter turnout in the November 2020 election. The Texas Legislature responded to this increased civic participation with an omnibus election bill titled Senate Bill 1—SB 1 for short—that targeted election practices that made voting more accessible to traditionally marginalized voters like voters of color, voters with disabilities, and voters with limited English proficiency. Since 2021, SB 1 has resulted in tens of thousands of lawful votes being rejected, and it remains a threat to democracy in Texas.
Michigan
Sep 2024
Voting Rights
ACLU of Michigan v. Froman
Michigan requires boards of county canvassers to certify the results of an election within 14 days after the election based on the total number of votes reported from each location. The law doesn't allow them to withhold certification. Kalamazoo Board of County Canvassers member, Robert Froman, has made clear that he would decline to certify the November 2024 election under certain circumstances. This lawsuit asks the state's courts to make clear that Mr. Froman is duty bound to certify the election based on the number of votes reported.
Ohio
Sep 2024
Reproductive Freedom
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.
U.S. Supreme Court
Sep 2024
Voting Rights
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.
Ohio
Jul 2024
Voting Rights
League of Women Voters of Ohio v. LaRose
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.
U.S. Supreme Court
Apr 2024
Reproductive Freedom
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.
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Texas
Sep 2024
Voting Rights
America First Policy Institute v. Biden
The ACLU, along with several partner organizations, are representing the rights of voters by intervening in a lawsuit that seeks to make it harder for Americans across the country to register to vote, including in the upcoming 2024 election. In 2021, President Biden signed an executive order aimed at promoting access to voter registration and election information to eligible voters on a nonpartisan basis. Now, on the eve of the 2024 election, a small group of political candidates and election administrators seek to block the executive order, based on speculation and unfounded claims of election manipulation and noncitizen voting. The ACLU and its partners are fighting to preserve the ability of eligible Americans to register to vote, in accordance with federal law.
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Texas
Sep 2024
Voting Rights
America First Policy Institute v. Biden
The ACLU, along with several partner organizations, are representing the rights of voters by intervening in a lawsuit that seeks to make it harder for Americans across the country to register to vote, including in the upcoming 2024 election. In 2021, President Biden signed an executive order aimed at promoting access to voter registration and election information to eligible voters on a nonpartisan basis. Now, on the eve of the 2024 election, a small group of political candidates and election administrators seek to block the executive order, based on speculation and unfounded claims of election manipulation and noncitizen voting. The ACLU and its partners are fighting to preserve the ability of eligible Americans to register to vote, in accordance with federal law.
Pennsylvania Supreme Court
Sep 2024
Voting Rights
Black Political Empowerment Project v. Schmidt
A statewide coalition of nonpartisan community organizations sued state and county officials, asserting that the practice of disenfranchising voters for failure to handwrite the date on the outer return envelope of their mail ballot packet, despite the lack of any purpose or use for the handwritten date, violates the fundamental right to vote guaranteed by the Pennsylvania Constitution’s Free and Equal Elections Clause.
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Pennsylvania Supreme Court
Sep 2024
Voting Rights
Black Political Empowerment Project v. Schmidt
A statewide coalition of nonpartisan community organizations sued state and county officials, asserting that the practice of disenfranchising voters for failure to handwrite the date on the outer return envelope of their mail ballot packet, despite the lack of any purpose or use for the handwritten date, violates the fundamental right to vote guaranteed by the Pennsylvania Constitution’s Free and Equal Elections Clause.
U.S. Supreme Court
Sep 2024
Immigrants' Rights
Human Rights
Bouarfa v. Mayorkas
Whether a U.S. citizen gets a day in court to challenge the federal government’s revocation of her spouse’s immigrant visa.
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U.S. Supreme Court
Sep 2024
Immigrants' Rights
Human Rights
Bouarfa v. Mayorkas
Whether a U.S. citizen gets a day in court to challenge the federal government’s revocation of her spouse’s immigrant visa.
U.S. Supreme Court
Sep 2024
Capital Punishment
Tabler v. Lumpkin
In Tabler v. Lumpkin, the ACLU represents a Texas death row prisoner whose lawyers refused to represent him at a hearing to determine his capacity to decide whether to give up his state post-conviction appeals, leaving him effectively unrepresented at that hearing. Our petition asks the Supreme Court to review Richard Tabler’s case and to hold that when a defendant’s lawyers abandon him, his waiver of further appeals should not bar his access to federal habeas corpus review of the constitutionality of his conviction.
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U.S. Supreme Court
Sep 2024
Capital Punishment
Tabler v. Lumpkin
In Tabler v. Lumpkin, the ACLU represents a Texas death row prisoner whose lawyers refused to represent him at a hearing to determine his capacity to decide whether to give up his state post-conviction appeals, leaving him effectively unrepresented at that hearing. Our petition asks the Supreme Court to review Richard Tabler’s case and to hold that when a defendant’s lawyers abandon him, his waiver of further appeals should not bar his access to federal habeas corpus review of the constitutionality of his conviction.
U.S. Supreme Court
Sep 2024
Criminal Law Reform
Racial Justice
Carpenter v. United States
This case concerns the First Step Act of 2018, in which Congress made major reductions to the mandatory minimum sentences for certain federal drug and firearm offenses. These changes result in sentences many decades shorter than were required under the previous laws. The question in this case was whether people who were initially sentenced prior to enactment of the First Step Act, but whose sentences were vacated and remanded for resentencing after enactment of the law, can benefit from its major reductions in applicable mandatory minimums. For defendants like Mr. Carpenter, who was originally sentenced to a draconian 116 years in prison as a result of the pre-First Step Act mandatory minimums, applying the First Step Act can mean the difference between dying in prison and having the opportunity to eventually go free. Unfortunately, although there is a split among federal courts of appeals on this question, the Supreme Court denied cert in this case in February 2024.
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U.S. Supreme Court
Sep 2024
Criminal Law Reform
Racial Justice
Carpenter v. United States
This case concerns the First Step Act of 2018, in which Congress made major reductions to the mandatory minimum sentences for certain federal drug and firearm offenses. These changes result in sentences many decades shorter than were required under the previous laws. The question in this case was whether people who were initially sentenced prior to enactment of the First Step Act, but whose sentences were vacated and remanded for resentencing after enactment of the law, can benefit from its major reductions in applicable mandatory minimums. For defendants like Mr. Carpenter, who was originally sentenced to a draconian 116 years in prison as a result of the pre-First Step Act mandatory minimums, applying the First Step Act can mean the difference between dying in prison and having the opportunity to eventually go free. Unfortunately, although there is a split among federal courts of appeals on this question, the Supreme Court denied cert in this case in February 2024.