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In 2020, in Held v. Montana, sixteen youth plaintiffs challenged Montana鈥檚 energy policy as violating the Montana Constitution. After several years of litigation, the Montana Supreme Court affirmed that Montanans have a constitutional right to a clean and healthful environment. In January 2026, Montana youth filed a second case, Held II, to enforce the Court鈥檚 decision after the Legislature enacted new laws that the plaintiffs contend undermine the constitutional protections recognized in the Court鈥檚 earlier decision and permit continued approval of fossil fuel projects that worsen climate harms. The State moved to transfer Held II to a different district under SB 97, a law that gives the government a special right to forum shop in cases challenging new laws and makes it significantly harder for Montanans to pursue such challenges. SB 97 thus raises serious access-to-justice concerns in this case and any others in which people are seeking relief from allegedly unconstitutional laws.

This case in the Texas Court of Criminal Appeals concerns the admissibility of a fourteen-year-old defendant鈥檚 confession following a Texas Ranger鈥檚 coercive interrogation. The ACLU鈥檚 State Supreme Court Initiative, alongside the ACLU of Texas, filed an amicus brief arguing that the defendant鈥檚 confession was induced by positive promises, and is inadmissible, particularly given his juvenile status and the circumstances of the interrogation. In November 2024, the Texas Court of Criminal Appeals (the highest court for criminal appeals in Texas) ruled that Holland's interrogation of Ochoa was unconstitutionally coercive in violation of Ochoa's Fourteenth Amendment due process rights.

The American Civil Liberties Union filed a federal lawsuit challenging South Carolina鈥檚 鈥渄isturbing schools鈥� and 鈥渄isorderly conduct鈥� laws. The laws allowed students in school to be criminally charged for normal adolescent behaviors including loitering, cursing, or undefined 鈥渙bnoxious鈥� actions on school grounds and encouraged discriminatory enforcement against Black students and students with disabilities. The Fourth Circuit Court of Appeals affirmed the district court ruling that enforcing these laws against students was unconstitutional, affirming that subjecting students to criminal penalties under such vague rules interferes with their education and their future, and produces stark racial disparities. This decision should be instructive to the many school districts across the country where students continue to be charged with 鈥榙isorderly conduct鈥� and similar vague crimes.