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

 

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

 

News
  • Myrna Pérez on the victory for voting rights in Florida // Politico
  • Brennan Center research is cited in this story about a North Carolina court’s block on a discriminatory voter ID law // New York Times
  • Liz Howard on the importance of paper ballot backups // Kentucky Public Radio