Your weekly source for analysis and insight from experts at the Brennan Center for Justice at NYU School of Law

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The Briefing

Tamika Montgomery-Reeves made history in Delaware last fall when she became the state’s first Black state supreme court justice. Her rise to the bench was progress, but Montgomery-Reeves’s success also highlights a continuing problem. Most state high courts display a stunning lack of racial, ethnic, and gender diversity, according to new data ([link removed]) compiled by the Brennan Center.

Twenty-three states have an all-white state supreme court bench, including 12 where people of color are at least 20 percent of the population. Fifteen states currently have one or fewer female justices. Last year, the Center found that trends actually had moved in the wrong direction. The gap between the proportion of people of color on state supreme court benches and their representation in the U.S. population was higher in 2017 than in 1996.

“More must be done to achieve diversity on the bench, including increasing professional opportunities for underrepresented groups and addressing racial disparities in judicial elections,” write ([link removed]) my colleagues Janna Adelstein and Alicia Bannon. “To have a justice system that realizes its name, we need courts that reflect an increasingly diverse America.”

Democracy

Federal Appeals Court Rules Florida Voting Restrictions Unconstitutional

Last week, a federal appeals court ([link removed]) sideswiped Florida politicians who want to roll back 2018’s Amendment 4, which restored voting rights to 1.4 million with past felony convictions.

After legislators enacted a measure to gut the law, last year the Brennan Center and other rights groups won a trial court victory on behalf of 17 plaintiffs. In ringing terms, the appeals court agreed. The new law, it held, created “a wealth classification that punishes those genuinely unable to pay fees, fines, and restitution more harshly than those able to pay — that is, it punishes more harshly solely on account of wealth — by withholding access to the ballot box.”

Gov. Ron DeSantis said he would appeal the ruling, which will likely end up before the U.S. Supreme Court. “The appeals court’s new ruling stands today as an important victory for voters — and democracy,” writes the Brennan Center’s Myrna Pérez in the results of the 2020 election if it doesn’t go his way,” write the Brennan Center’s Wendy Weiser and Max Feldman. // READ MORE ([link removed])

Helping Moms and Dads Become Candidates

In 2018, Liuba Gretchen Shirley, a mother running for Congress, asked the Federal Election Commission for permission to use campaign funds for childcare costs. The FEC, which is known for deadlocking matters, surprisingly approved the change in policy, opening the door to more parents of young children running for federal office in the future.

“Mothers of young children in particular will benefit, since they often face the expectation that they will be the primary care provider and the perfect mom,” writes Brennan Center Fellow Ciara Torres-Spelliscy. “This new FEC rule means more women will be able to juggle parenthood with politics in this pivotal election.” // READ MORE ([link removed])

What’s the Best Way for Parties to Pick Presidential Nominees?

Talk of a contested Democratic convention is increasing as Sen. Bernie Sanders of Vermont continues to build a delegate lead. As Super Tuesday approaches, it’s possible that no Democrat will have won a majority of delegates by the time the primaries end. If that happens, it’s difficult to predict how Democratic voters would react to the 2020 nominee emerging from a contested convention.

“Ultimately, what choice do the Democrats have other than letting the convention choose the nominee if there is not a party-wide consensus before the delegates arrive in Milwaukee?” asks Brennan Center Fellow Walter Shapiro. // READ MORE ([link removed])

Justice

When it Comes to Roger Stone, the Truth Still Matters. For Now.

There are dozens of questions left unanswered by the attorney general and president’s misconduct around the Roger Stone trial. “What’s happening now at the Justice Department is a clear and present danger to the administration of justice in America that shows no sign of ending,” writes Brennan Center Fellow Andrew Cohen. // READ MORE ([link removed])

News

- Myrna Perez on the victory for voting rights in Florida // POLITICO ([link removed])

- Brennan Center research is cited in this story about North Carolina’s block on a discriminatory voter ID law // NEW YORK TIMES ([link removed])

- Liz Howard spoke on the importance of paper ballot backups // KENTUCKY PUBLIC RADIO ([link removed])

Have an issue you'd like us to cover? Feedback on this newsletter? Email us at [email protected]
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The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that works to reform, revitalize – and when necessary defend – our country’s systems of democracy and justice.

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