Whether federal courts have the power to remedy systemic unconstitutional pretrial detention practices that remain unchecked by state courts.

The American Civil Liberties Union joined over 200 reproductive health, rights, and justice organizations in an amicus brief to the Supreme Court in support of an emergency request to stay a decision issued by the Fifth Circuit Court of Appeals that severely restricted the use of mifepristone — a medication used in most abortions in this country — and threatened the innovation of new drugs and the ability of Americans to access lifesaving drugs.

This case involves the interpretation of a federal law that allows defendants to avoid mandatory minimum sentences for certain nonviolent drug crimes, allowing judges to impose sentences tailored to their individual circumstances.

This case is about what a plaintiff must demonstrate to sustain allegations that police arrested them in retaliation for First Amendment–protected expression. While retaliatory arrest plaintiffs generally must show that police lacked probable cause to arrest them, the petitioner in this case correctly argues that a recognized exception to that rule, for cases where police typically exercise discretion not to arrest people, must be robust to protect the free speech of government critics.