It's a new court and these are critical cases.


Friend –

While the nation's attention has been focused around this year's election, the ACLU has simultaneously been monitoring and defending our rights at the Supreme Court, including for several key cases now on its docket.

Every one of these cases has significant implications for our civil rights and liberties. That's why this email is a bit longer – we wanted to make sure you were fully briefed.

Here are the critical cases SCOTUS is weighing in on:

* Safeguarding the census
Status: Court date set for November 30
Why it matters: In Trump v. State of New York, the Court will hear the Trump administration's appeal of a lower court ruling that blocked his attempt to exclude undocumented immigrants from being counted in the census for the purpose of apportioning seats in the U.S. House of Representatives and votes in the Electoral College. The legal mandate is clear – every single person is included in the census, and every single person is represented in Congress. Undocumented immigrants are people – and nothing President Trump does or says changes that fact. The ACLU filed a lawsuit on behalf of immigrants' rights groups challenging Trump's order.

* Defending LGBTQ rights and more
Status: Awaiting Supreme Court ruling
Why it matters: Just one day after the election, the Supreme Court heard a case that could undermine civil rights laws and LGBTQ families for generations to come in Fulton v. The City of Philadelphia. The ACLU and our affiliate argued in support of Philadelphia, which is being sued by Catholic Social Services (CSS) – a taxpayer-funded foster care agency that will not accept same-sex couples. A ruling for CSS could impact the more than 400,000 children in our nation's foster care system and allow other taxpayer-funded agencies to discriminate as well.

* Protecting the Affordable Care Act
Status: Awaiting Supreme Court ruling
Why it matters: The Affordable Care Act, which made health insurance accessible to millions for the first time, could be in jeopardy in California v. Texas. Any decision from the justices striking down the law would have devastating ramifications for the civil liberties advancements that the ACA has provided – that's why the ACLU filed a friend-of-the-court brief, along with many disability rights groups, in its defense. Dismantling the ACA would exacerbate the systemic disparities in access to health care that Black, Latinx, and disabled people face in this country, which are now approaching epic proportions during the pandemic.

* Pushing for police accountability
Status: Awaiting Supreme Court ruling
Why it matters: The question before the Court in Torres v. Madrid is whether police are unbound by the Constitution when it comes to the use of force against people who resist or flee from them. If the justices rule in favor, it could create a loophole that would entirely remove certain excessive force cases from scrutiny under the Fourth Amendment. The ACLU and a diverse coalition of partners filed a friend-of-the-court brief arguing the dangers of such a decision – especially given the nationwide epidemic of police violence.

* Challenging the "Return to Mexico" policy
Status: Review granted; Supreme Court date still undetermined
Why it matters: The Court agreed to review a Ninth Circuit decision in Innovation Law Lab v. Wolf that held illegal a Trump administration policy forcibly returning individuals and families seeking asylum to Mexico. In Mexico, those seeking asylum are often stuck in refugee camps, vulnerable to kidnapping, extortion, assault, and other abuse, indefinitely. The ACLU and partners are challenging the policy, officially called the Migrant Protection Protocols (MPP), which was blocked by a federal court in California last year but remained in effect due to court-ordered stays as the case is litigated. Asylum seekers face horrendous conditions as their claims for protection in the United States are considered and remain in grave danger every day this policy is in effect.

ACLU Supporter, we know there's a lot to going on in the news cycle, but what comes out of each of these cases is too important to look past. We'll need you with us in the weeks and months to come.

So please, be on the lookout for more crucial updates – and be ready to take action in the fight for civil liberties ahead.

Thank you,

The ACLU Team

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