Brennan Center

@brennancenter.bsky.social

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We work to build a United States that is democratic, just, and free — for all.

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Breaking news: President Biden is finalizing plans to endorse major changes to the Supreme Court in the coming weeks, including proposals for legislation to establish term limits for the justices and an enforceable ethics code, according to two people briefed on the plans.

Biden set to announce support for major Supreme Court changeswww.washingtonpost.com The president has discussed the plans with constitutional scholars and members of Congress in recent weeks.

Just in time for Independence Day, the Supreme Court brings us closer to having a king again.

The Supreme Court Gives the President the Power of a Kingwww.brennancenter.org The immunity decision has enormous implications for Trump’s trial — and the future of the presidency.

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"The Court has basically created a roadmap for future illegality and insurrection." I got on camera with NY1 to explain the deep anti-democracy of the Supreme Court's immunity opinion ny1.com/nyc/all-boro... @brennancenter.bsky.social

Brennan Center director discusses the latest in Trump's caseny1.com The trial wrapped up in May when a Manhattan jury found Trump guilty of falsifying business records to cover up a hush money payment.

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The Supreme Court's immunity ruling is not a serious opinion for a serious democracy. It is an epochal dereliction of duty. My latest on the Supreme Court's apologia for insurrection @brennancenter.bsky.social www.brennancenter.org/our-work/ana...

Supreme Court’s Radical Immunity Ruling Shields Lawbreaking Presidents and Undermines Democracywww.brennancenter.org The Court’s opinion in Trump v. United States is a dangerous attack on the rule of law.

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The Supreme Court will decide the constitutionality of gender-affirming care bans in Skrmetti—but state courts are already deciding these questions! In my latest for @brennancenter.bsky.social's State Court Report, I explain the status of, and need for, state litigation over these questions.

SCOTUS’s Review of Ban on Trans Health Care Highlights Need for State Litigationstatecourtreport.org Even if the U.S. Supreme Court decides that bans on gender-affirming care for trans youth are constitutional, state courts can strike down such laws under state constitutions.

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SCOTUS just eliminated Chevron in its continued assault on the government's power to solve problems. And it's butchered history (again). If you're wondering just how, click on over to Gautham Rao. Then read our brief that anticipated a lot of this: www.brennancenter.org/our-work/res...

"agencies have no special competence in resolving statutory ambiguities. Courts do." ❌ "The Framers anticipated that courts would often confront statutory ambiguities and expected that courts would resolve them by exercising independent legal judgment." ❌ This is a fictional rendering of history.

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SCOTUS’s opinion in Vidal v. Elster = rich text for the Court’s originalist turn. Lots of scuffling about how/if to use history. Barrett with scorching anti-originalist commentary. Sotomayor tag-teaming. All told, more signs of rifts in the originalist consensus. ⬇️🧵@brennancenter.bsky.social

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Read the brief that Lawrence O'Donnell featured on The Last Word last night in the 🧵⬇️ Another product of @brennancenter.bsky.social Historians Council on the Constitution!

The weight of history is against Trump in his bid for immunity from prosecution for his attempts to overturn the 2020 election. Today 15 historians—including 7 members of @brennancenter.bsky.social Historians Council on the Constitution—filed a SCOTUS brief making exactly that point. ⬇️🧵

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Hey folks: I'm one of a group of founding era historians who signed on to an amicus brief for the Supreme Court concerning presidential immunity (and the many ways in which it makes no sense.). It was released to the public today. You can read it here: www.brennancenter.org/sites/defaul...

www.brennancenter.org

BREAKING: Today, we filed a brief in Trump v. United States requesting the justices reject the former president’s claims of immunity from criminal prosecution. American law has recognized from the beginning that presidents can be prosecuted. 1/6 www.brennancenter.org/our-work/res...

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Center for Democracy & Technology

We've been highly engaged in development of OMB's guidance, working w/ ACLU, @brennancenter.bsky.social, @datasociety.bsky.social, & others to file comments on ways to ensure algorithmic decision-making employed by agencies & in federally funded programs is safe/equitable. cdt.org/insights/civ...

Civil Rights Organizations Identify Priorities for OMB Memo on Agency Use of AIcdt.org In November, the Office of Management and Budget (OMB) released draft guidance for governance and risk management for federal agencies’ use of AI, as required under Executive Order 14110 and prior exe...

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Together with my ACLU colleague Bridget Lavender, I wrote for @brennancenter.bsky.social's #StateCourtReport about the use of rap lyrics against criminal defendants: statecourtreport.org/our-work/ana...

Rap on Trialstatecourtreport.org Courts should be wary of allowing prosecutors to introduce rap lyrics as evidence.

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Latest in the ongoing efforts to end judge-shopping: the Judicial Conference’s new policy fails its first test as NDTX, source of major concern, explicitly defies its recommendations.

This Women’s History Month, we’re celebrating trailblazers in politics. Shirley Chisholm was the first African American woman elected to Congress in 1968 and a founding member of the Congressional Black Caucus.

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Reply to

Tom “T.M.” Wolf

For more on the nonsense in Trump's immunity claim, you should check out this @brennancenter.bsky.social event with @earlymodjustice.bsky.social and others... www.youtube.com/watch?v=Bz4X...

A President Is Not a Kingwww.youtube.com Join Brennan Center's Michael Waldman, former U.S. Attorney Joyce Vance, law professor Aziz Huq, and legal historian Holly Brewer to analyze and discuss the ...

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In this morning's NYT, a nice write-up of our @brennancenter.bsky.social study alongside Mike Podhorzer's analysis from yesterday, showing the devastating effects of Shelby County

The Supreme Court and Young Voter Turnoutwww.nytimes.com A 2013 ruling triggered a slew of laws that attached restrictions to voting.

Misdemeanor enforcement in NYC is concentrated in low-income Black and Latino communities — increasing their social disadvantages and draining government resources. Our report highlights the need for alternatives to reduce crime and build public safety:

Misdemeanor Enforcement Trends in New York City, 2016–2022www.brennancenter.org Cases have declined, yet low-income Black and Latino New Yorkers continue to disproportionately face charges.

Election deniers in Wisconsin made no pretense of following election law — and they got caught. But wealthy donors who exercise a bit more caution can easily exploit loopholes toward the same ends.

Election Deniers Skirted Campaign Finance Laws in Wisconsinwww.brennancenter.org Campaign loopholes and lax enforcement help election deniers drown out voters’ voices.

Random case assignment serves as a bulwark against the undue influence of political agendas on our courts. The Judicial Conference needs to cement this policy in the Federal Rules of Civil Procedure.

End ‘Judge Shopping’www.brennancenter.org The practice undermines both the fairness of the judiciary and public confidence in it.

This Women’s History Month, we’re celebrating trailblazers in politics. Nancy Pelosi was the first woman elected speaker of the House in 2007. We salute her commitment to making U.S. democracy more inclusive.

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Trump's brief asserting his immunity from prosecution is in. And it's shocking. Former presidents aren't kings. Trump missed the memo. And, by the memo, I mean the Constitution. Let's walk through some of the more off-the-wall parts of this filing @brennancenter.bsky.social ⬇️🧵

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⏰Trump claims to be absolutely immune from prosecution for trying to overturn the 2020 election. His argument isn't just dangerous. It's wrong. Historians @earlymodjustice.bsky.social and Rosemarie Zagarri explain the ridiculousness of it: www.brennancenter.org/our-work/res...

Founding-Era History Doesn’t Support Trump’s Immunity Claimwww.brennancenter.org Historians Rosemarie Zagarri and Holly Brewer explain the anti-monarchical origins of the Constitution and the presidency.

The racial turnout gap in voting has grown alongside a wave of new restrictive voting laws — 100 in the last decade, in at least 29 states.

Racial Gaps in Voter Turnout Are Growing — and Undermining Democracywww.brennancenter.org The difference in turnout between white and nonwhite voters has soared since 2008, especially in regions once covered by strict Voting Rights Act protections.

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For those who have been following the (surprisingly active!) saga around the Judicial Conference's policy change last week to address the problem of judge-shopping (brennancenter.org/our-work/ana...), a few thoughts on where we go from here: 1/x

Courts Move to Bolster Fairness by Addressing ‘Judge Shopping’brennancenter.org The federal court system took a step to curb efforts by politicians and activists to block national policies by bringing lawsuits before particular judges.

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Local prosecutors declined to pursue "election fraud" cases brought by Florida's election police. Instead, the Statewide Prosecutor is doing so—which Bob Williams and I argue he has no authority to do under the Florida Constitution. From us in @brennancenter.bsky.social's #StateCourtReport:

Who Has the Authority to Prosecute People Accused of ‘Voter Fraud’ in Florida?statecourtreport.org A Florida appellate court is set to determine whether a statewide office created in the 1980s by constitutional amendment to combat organized crime can prosecute someone accused of voting while inelig...

The Supreme Court will hear a case today that is part of an effort to silence those working to identify and counter election falsehoods. Their decision could make democracy more secure, or make it harder to protect.

Supreme Court Case Could Be Disastrous for Detecting Election Misinformationwww.brennancenter.org The Court will hear a case that’s part of a legal and political effort to silence those working to counter election falsehoods.

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This week the federal courts took a big step to limit judge-shopping in cases involving national/statewide issues. My @brennancenter.bsky.social colleagues Alice Clapman & Jen Ahearn along w/ Prof. Amanda Shanor explain why this is a significant policy change. www.brennancenter.org/our-work/ana...

Courts Move to Bolster Fairness by Addressing ‘Judge Shopping’www.brennancenter.org The federal court system took a step to curb efforts by politicians and activists to block national policies by bringing lawsuits before particular judges.

Election deniers want to exploit the cracks in the voter registration system to challenge legitimate registrations, initiate mass purges, and shade the rolls in their favor.

Mass Purges Are the New Voter Suppressionwww.brennancenter.org Election deniers are trying to get huge groups removed from voter rolls.

Before 2013, states with a history of voting discrimination had to get federal approval before they made changes to their voting laws. Here’s how “preclearance” worked and why we need it back:

Preclearance Under the Voting Rights Actwww.brennancenter.org For decades, the law blocked racially discriminatory election rules and voting districts — and it could do so again, if Congress acts.