ACLU – October 6, 2026

The new Supreme Court term is here – and the ACLU is once again prepared to take the fight for our rights to the highest court.

The stakes couldn’t be higher. This term, the Court may hear ACLU cases about immigrants’ rights, schoolchildren’s religious freedom, free speech, and so much more.

Here are some of the cases we’re working on this term:

• Mandatory detention: On Oct 1, the Supreme Court agreed to hear arguments this term in Rhoney v. Barbosa da Cunha, where we’re challenging the Trump administration’s detention of immigrants who have lived in the U.S. for years and decades without a bond hearing, under a misinterpretation of a statute that has previously always been applied only to people seeking admission at the border. No presidential administration has ever taken this position before now.
• Asylum: In RAICES v. Noem, we sued the Trump administration over the president’s attempt to completely shut down asylum at the border, a move that leaves no avenue for people to legally seek asylum and puts thousands of lives at risk. Now, the president has asked the Supreme Court to review our win in the court of appeals – and we’re ready to keep fighting.
• Voting rights: We are defending our lower court victories in voting rights cases, including in Allen v. Milligan. We won this case at the Supreme Court in 2023, and on remand, the district court ruled that Alabama intentionally discriminated against Black voters in redrawing the congressional district map. Alabama has appealed to the Supreme Court once again.
• Capital punishment: Florida is one of just two states where a person can be sentenced to death by a non-unanimous jury. In Jackson v. State of Florida, we’re challenging a state law that allows for a death sentence imposed by only 8 of 12 jurors, in violation of the Sixth Amendment’s guarantee of the right to trial by jury.
• Religious freedom: We hope to be back at the court challenging a Texas law requiring public schools to display the Ten Commandments in every single classroom. The First Amendment guarantees families – not politicians or the government – the right to guide children’s religious belief and education.
• The emergency docket: In September, we prevailed in three cases on the emergency docket, including a major victory against the Trump administration’s effort to block Americans from voting by mail in the November election. We expect continued activity on the Court’s emergency docket, particularly in additional voting cases.

Whether at the Supreme Court, on Capitol Hill, or in communities across the country, the ACLU will continue to show up.

Together, we will organize, advocate, and litigate to protect every one of our rights.

Thank you for all you do to support this work,

The ACLU Team