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

Today, amid coronavirus
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fears and disruption, voters go to the polls in Michigan and Washington. The first primaries have exposed unnerving weakness in electoral systems. For many voters Tuesday was far from super. It all raises fears of a crash-and-burn crisis in November.

The season began with the Iowa fiasco, showing the risks of ill-conceived technology. Then last week, California and Texas voters faced excruciating long wait times at the polls, with many standing for three to seven hours. As my colleagues Larry Norden and Gowri Ramachandran argue in the Los Angeles Times

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election officials must act now to prepare for a likely record turnout.

Then there’s the toxic role of big money in politics. Michael Bloomberg’s campaign reminds us that money isn’t everything. But big money — whether supplied by the candidate, super PACs, or dark money groups — can decide who wins congressional, state, and local races, according to Chisun Lee and Dan Weiner in the Washington Post

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As they note, Congress has begun to act: H.R. 1, a comprehensive democracy reform including small donor public financing, passed the House last year.

Finally, there are problems harder to detect and neutralize. Last week, affiliated scholar Young Mie Kim published a report

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revealing just how Russia is interfering in this election. As in 2016, the Kremlin-linked Internet Research Agency has created accounts pretending to be individual Americans, political groups, and candidates, targeting both the left and right. To counteract Russian disinformation campaigns, Kim argues that a “comprehensive digital campaign policy framework must be considered to ensure the integrity of election campaigns.” None exists yet.

My colleagues Wendy Weiser and Dan Weiner sum up these and other worries

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while noting how H.R. 1 would help solve these issues and revitalize our democracy. The Brennan Center will continue to work to make sure the 2020 election is free, fair, and secure.

Democracy

Where’s the Line When Criticizing Judges?

Last week, Sen. Charles Schumer (D-NY) came under fire for targeting Justices Brett Kavanaugh and Neil Gorsuch when speaking at a pro-choice rally in front of the Supreme Court. He used language, which he later walked back, that promised retaliation if they ruled against abortion rights in an upcoming case.

Before that, President Donald Trump accused Justices Sotomayor and Bader Ginsburg of bias, tweeting that they shouldn’t be able to hear any cases in which he is involved. In a democracy, judges are not above critique or public pressure, but critics do have a responsibility to criticize with care. “Certain kinds of attacks can undermine the public legitimacy of the courts or threaten judicial independence — both lynchpins in our system of government,” writes the Brennan Center’s Janna Adelstein and Alicia Bannon. // Read More

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Constitution

A Bill to Help Curb Presidential Overreach

The International Emergency Economic Powers Act is one of the many emergency powers that a president can invoke under the National Emergencies Act. Thanks to the sweeping powers it confers over the economy — along with a lack of basic checks and balances — the law is vulnerable to abuse and in need of reform. But a bill recently introduced by Rep. Ilhan Omar (D-MN), the Congressional Oversight of Sanctions Act, would take a notable step toward guarding against presidential overreach.

“The bill is not perfect,” write the Brennan Center’s Elizabeth Goitein and Andrew Boyle. “Nonetheless… it could serve to launch a long-overdue conversation on Capitol Hill about how Congress can head off presidential abuse of IEEPA.” // Fortune

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News

Alan Beard and Lawrence Norden on the nonexistent oversight of the companies that create voting technology // Slate
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Elizabeth Goitein on whether President Trump should declare a national emergency over coronavirus // Yahoo News
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Michael Li on the complicating factors that can lead to long lines at the polls // New York Times
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Myrna Pérez on long lines for Texas voters // WNYC’s The Takeaway

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Dan Weiner on the FEC’s lack of quorum // New York Times
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Thomas Wolf on Trump’s misleading “census” ads on Facebook // The Guardian

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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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