LatinoJustice Report Examines Supreme Court Decisions Threatening Latino Rights
FOR IMMEDIATE RELEASE
September 23, 2026
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LatinoJustice Report Examines Supreme Court Decisions Threatening Latino Rights
Report Details Impact of the Court’s 2025 - 2026 Term
NEW YORK, NY — Days ahead of the start of the Supreme Court’s 2026-2027 term, civil rights organization LatinoJustice PRLDEF released a new report, The Supreme Court’s Long Shadow Over Latino Rights, examining how decisions from the U.S. Supreme Court’s 2025 - 2026 term could have far-reaching consequences for the nation's 68 million Latinos.
The report was released today in a briefing with members of the Congressional Hispanic Caucus.
The report analyzes decisions involving birthright citizenship, due process, immigration enforcement, equal protection, racial justice, and voting rights. It also examines how the Court has expanded presidential power and increasingly relied on its “shadow docket” to resolve major legal disputes without full briefing, oral arguments, or detailed public explanations.
The report finds that recent Supreme Court decisions have weakened protections against racial profiling and expanded federal authority over immigrants, including longtime lawful residents. For example, the constitutionality of birthright citizenship was narrowly preserved in a 5-4 vote. The Court’s decision prevented the president’s executive order from denying citizenship to an estimated 260,000 U.S.-born children each year, roughly 80% of whom are Latino.
“While the Supreme Court ultimately upheld birthright citizenship, the narrow decision underscores how vulnerable even our most fundamental constitutional protections have become,” said Lourdes M. Rosado, president and general counsel of LatinoJustice PRLDEF. The Supreme Court holds enormous power over the everyday lives of our communities across this country. We need reforms that bring transparency, fairness, and accountability to the nation’s highest court.”
The Court’s rulings have also made it even more difficult to challenge government policies motivated by racial discrimination. In Noem v Perdomo, the Court signaled its support for federal immigration authorities to engage in unfettered racial profiling of Latinos. Decisions around the Voting Rights Act are also threatening Latino, Black and other communities of color power to elect candidates who represent them. In this term, Louisiana v Callais, the majority of the Justices labeled a remedy to discrimination as more harmful than discrimination itself.
The report also mentions how the Court’s increased reliance on the shadow docket has allowed significant changes in federal policy to take effect without transparency or scrutiny which are usually seen in the judicial process. Since January 2025, the administration has submitted 39 emergency applications to the Court. The Court granted 25 of the remaining petitions, deciding 74% of cases in the President’s favor. In comparison, the executive branch submitted a total of 8 emergency requests total in the four presidential terms prior to 2017. President Biden submitted 19 during his four-year term, and President Trump submitted 41 during his first term.
LatinoJustice’s recommendations include:
Establishing 18-year term limits for Supreme Court justices
Creating a predictable appointment process under which each president nominates a set number of justices during each term
Increasing the number of justices only if term limits and appointment reforms are enacted at the same time
Adopting a mandatory and enforceable ethics code overseen by an independent body
Severely limiting the shadow docket while requiring written explanations and public disclosure of how each justice voted.
The U.S. Supreme Court will return to the bench for oral arguments on October 5, 2026, for the start of the 2026-2027 term.
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About LatinoJustice
For over five decades, LatinoJustice PRLDEF has used and challenged laws to create a more just and equitable society. We transform harmful systems, empower our communities, fight for racial justice, and grow the next generation of líderes. To learn more, visit www.LatinoJustice.org