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

It’s Super Tuesday, of course, when millions will vote in one of the most important elections ever. It’s a good day to remember the sacrifices that won that right for most who will cast ballots today.

Thursday marks the 55th anniversary of Bloody Sunday, the march for voting rights that was met by police and mob violence in Selma, Alabama. We are blessed that the young man who led that march and had his skull fractured by a police baton, Rep. John Lewis, still leads the fight today — even as he fights deadly illness.

And today is the anniversary of the first great march for voting rights, the Woman’s Suffrage Parade in 1913. You’ve probably never heard of it. Five thousand women marched down Pennsylvania Avenue to demand the 19th Amendment. At the head of the march: Inez Milholland, a 27-year-old New York University Law graduate astride a grey horse.

Men who lined the route jeered, spat, and attacked the marchers. One hundred women were hospitalized. The melee received wide publicity, in some ways overshadowing the presidential inaugural the next day. The DC police chief resigned. And public opinion swung toward support of the vote for women. Just as at Selma, violence directed at peaceful protesters for the most basic American right touched the conscience. Mulholland would die prematurely soon after, a martyr for American democracy.

The march itself was segregated, giving in to the prejudices of southern lawmakers and onlookers, and showing how far we had to go.

Today’s elections pose threats that would have seemed far-fetched to bullies in Selma or on Pennsylvania Avenue. Voter purges, yes, and racially motivated laws, but also cyberattacks and fake news spread on social media.

So, for John Lewis, Inez Milholland, and thousands who risk their lives for the vote, let’s do our part. Let’s make sure this election is free, fair, and secure. Let’s press for big change to widen the circle of democracy. If you have a problem, call 1-866-OUR-VOTE.

And by all means, go vote.

Democracy

Don’t Fall for the Mythic ‘Black Voter’ Canard After South Carolina

Joe Biden’s lopsided victory in South Carolina’s primary was powered by the overwhelming support he received from Black voters. But voters in conservative, religious South Carolina don’t necessarily speak for Black communities elsewhere.

“Black voters outside the South … will remind an absentminded nation that Black voters in no one state speak for the group as a whole. And while pundits have been able to get away with simplistic analysis in years past, this year looks to finally spotlight Black America’s political diversity,” writes Brennan Center Fellow Ted Johnson. // THE GUARDIAN ([link removed])

Redistricting Roundup

Because of the 2020 census, this year is a pivotal one for passing new laws that could curb gerrymandering and ensure that maps are drawn in a fair and transparent way. As of last week, lawmakers are considering at least 213 redistricting-related bills and resolutions in 33 states. This roundup catalogs new legislation, both good and bad, related to the next round of redistricting in 2021. // READ MORE ([link removed])

Justice

The FDIC Can Help People with Criminal Records Find Work

People with a criminal record face a number of challenges getting a job, but thankfully, industry leaders and politicians have started to expand hiring opportunities for people with a criminal record. And now, the Federal Deposit Insurance Corporation is seeking advice on how to help people with certain types of convictions find jobs in the banking industry.

Last week, the Brennan Center submitted a comment letter encouraging the FDIC to revise its rules in order to recognize the harsh realities of the criminal justice system. The Brennan Center’s recommendations include broadening exceptions for minor crimes of dishonesty and no longer requiring people to pay off the entirety of their court fees before seeking permission to take a job in the banking industry. // READ MORE ([link removed])

Relieving the Burden of Court Fines and Fees

In too many criminal courts across the United States, judges impose fees and fines on defendants without considering their ability to pay. The result: people struggling financially are saddled with debt that makes it nearly impossible for them to support themselves and their families. “State and local governments can stop placing unjust burdens on poor people and their families,” writes Lauren-Brooke Eisen, the director of the Brennan Center’s Justice Program. “They can start to do so by enacting legislation to eliminate the fees that the court imposes on criminal defendants.” // READ MORE ([link removed])

Constitution

How to Reform the Foreign Intelligence Surveillance Act

The Foreign Intelligence Surveillance Act (FISA) was a key reform enacted after Watergate. It aimed to rein in abusive intelligence operations by subjecting surveillance of terrorists, spies, and foreign agents to a special court. But the FISA court too often blithely approves wiretaps and other requests.

Now, after years of Donald Trump’s attacks on the “deep state,” there is a surprising bipartisan moment for possible reform. Senators introduced a strong, bipartisan bill for FISA reform. But the Democrat-controlled House Judiciary Committee unveiled its own bill, one that misses key safeguards against surveillance abuse. “The House Judiciary Committee should not allow this moment to pass with a business-as-usual compromise between the reform seekers and the defenders of the status quo,” writes the Brennan Center’s Elizabeth Goitein. // JUST SECURITY ([link removed])

News

- L.B. Eisen on the rising number of incarcerated women in Kansas’s only women’s prison // KANSAS PUBLIC RADIO ([link removed])

- Michael German on the need for new domestic terrorism laws // NEW YORK TIMES ([link removed])

- Laura Hecht-Felella on the dangers of police body cameras without adequate safeguards // CITY & STATE ([link removed])

- Rachel Levinson-Waldman on the NYPD’s work with foreign governments under Mayor Michael Bloomberg // HUFFPOST ([link removed])

- Lawrence Norden on how voting technology impacts the 2020 election // WIRED ([link removed])

- Myrna Pérez on misinformation sent to voters by the DC election board // WASHINGTON POST ([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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