The Supreme Court’s new ethics code isn’t up to the task. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

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What’s Missing from the New SCOTUS Ethics Code

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Under mounting pressure from the public and Congress, the Supreme Court published its first code of conduct on Monday. But it was accompanied by a statement essentially saying that the code was for appearances only. This disclaimer is especially troubling in light of scandals that call the Court’s impartiality into question, from undisclosed gifts to dubious real estate deals. And the code is voluntary, so even if it had clear and adequate standards — which it does not – it would still be unenforceable. Nevertheless, the fact that the justices implicitly acknowledged public concerns about Supreme Court ethics is a tiny step in the right direction. Our new analysis details the problems with the code and what might come next

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The Power of Direct Democracy

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Last week Ohioans voted for ballot initiatives that protect the right to abortion and legalize marijuana for people over 21. It’s the latest example of voters enacting policies themselves when their legislature refuses to do so, often because of barriers to fair representation such as gerrymandering and campaign finance rules that give undue influence to special interests. Ohio’s results come after politicians’ underhanded efforts to make it harder to pass such ballot measures. They failed, and more direct democracy is on the way

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AI’s Threat to Participatory Government

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Using generative artificial intelligence, fraudsters can now easily flood officials with fake communications that appear to be from the public. At a large enough scale, these efforts could make it difficult for the government to identify and respond to genuine public needs and concerns. The newest installment in our AI and Democracy series

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explores what government institutions can do to screen out AI-powered bots and protect citizens’ ability to offer input on policy decisions

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A More Functional Congress

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After yet another narrowly avoided government shutdown, many observers have branded Congress as hopelessly dysfunctional. But behind the scenes, lawmakers are successfully working to make Congress more effective. They can take these efforts even further by creating a new science and technology hub that would help Congress boost its expertise and improve its ability to tackle AI, climate change, and other contemporary challenges

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Government Shouldn’t Be Too Quick to Adopt AI

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The Department of Homeland Security has called itself an “early and aggressive” adopter of artificial intelligence tools. Given the agency’s record of using technology in ways that trample on our rights, this isn’t reassuring. Before it embraces such tools, DHS needs stronger oversight and greater transparency to help prevent abuse

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The Victims of Voter Suppression in Texas

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A challenge to Texas’s 2021 voter suppression law, filed by the Brennan Center and co-counsel, is currently playing out in a federal courthouse. The trial has highlighted how Texas Senate Bill 1 harms not only voters — especially Black, Latino, and disabled voters — but also the people in charge of the state’s elections. Election workers testified that they fear prosecution due to the law’s unreasonable and often vague requirements, with some saying they’ll refuse to serve in the same roles as long as the law remains in effect

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Reining In Government Surveillance

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A bill introduced by a bipartisan group of lawmakers would help prevent the government from abusing its spying powers. Our new analysis walks through the Government Surveillance Reform Act, including how it would close a warrantless spying loophole in Section 702, a controversial surveillance law that will expire this year unless it’s reauthorized. Crucially, the bill would help reverse the decades-long erosion of Americans’ privacy rights

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BRENNAN CENTER ON SOCIAL MEDIA

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Sen. Sheldon Whitehouse (D-RI) and Brennan Center President Michael Waldman recently participated in a live event about the need for Supreme Court term limits and other essential reforms. Watch the full discussion on YouTube >>

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Virtual Events

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How Will AI Affect the 2024 Election?

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Tuesday, November 28, 6–7 p.m. ET

2024 will bring the first presidential election of the generative AI era. As artificial intelligence produces output that is increasingly difficult to distinguish from human-created content, how will voters separate fact from fiction? The Brennan Center and Georgetown University’s Center for Security and Emerging Technology are convening experts to examine these and other critical questions about how AI might impact election security, voter suppression, election administration, and political advertising and fundraising.



Join us for this live virtual panel, which will explore what steps the government, the private sector, and nonprofits should take to minimize the possible dangers while harnessing the benefits of these new and powerful tools. RSVP today.

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