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Legal Victory over Election Deniers
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In June the U.S. Supreme Court rejected a radical claim that would have upended American elections. The notion was that the Constitution gave state legislatures the power to set federal election rules with no checks and balances from state constitutions, courts, governors, or even voters. In Moore v. Harper, the justices resoundingly rejected that idea in a 6-3 majority. This followed years of preparation and work by the Brennan Center, including amicus briefs, scholarship, and public education. Read more
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A Tough Decade for Voting Rights
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The Voting Rights Act was the nation’s most effective civil rights law. This year marked the 10th anniversary of Shelby County v. Holder, the decision that gutted the law’s key provision. Without full protection against racially discriminatory voting laws, the decade saw a surge in voter suppression measures, with at least 29 states passing 94 laws that make it harder to vote. Communities of color have borne the brunt of these restrictions, and the racial voter turnout gap has widened significantly in states such as Alabama and Georgia. We need federal legislation to safeguard the right to vote for all Americans. Read more
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Crime Trends: Facts Versus Fear
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For decades, crime has dropped. Then the pandemic produced surges of violence and disorder, causing a crime rate spike, which was seized on by political opportunists. In the past year, new data suggests a more complex picture, as analyzed by the Brennan Center. The FBI’s annual report on crime in 2022 offered encouraging signs of a reversal. Murder rates fell by more than 6 percent, as did other types of violent crime. However, rates of nonviolent crimes, such as motor vehicle theft and larceny, jumped sharply. As we begin analyzing 2023 crime trends, last year’s data further undermines politicized explanations for rising crime, such as blaming criminal justice reform. Read more
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Reforming the Supreme Court
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Public trust in the high court has plunged to the lowest level ever recorded in polls. A “code of conduct” unveiled in November is a woefully inadequate response, with no way to enforce its provisions and major loopholes in place. A deeper answer: introducing an 18-year term limit for justices. The broadly popular idea would keep the Court’s power in check and bring the Court back into step with public values. It rests on the basic insight that no one should hold so much public power for too long (something George Washington knew when he stepped down from the presidency
after two terms). A pathbreaking Brennan Center report explained how this popular idea could be implemented by statute, along with regular appointments by presidents every two years. Read more
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Five Steps to Prevent Election Subversion
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The attempt to overturn the results of the 2020 presidential election failed thanks to heroic interventions by officials and citizens. What can we do to strengthen the election process? States must act quickly to shore up their systems. Five key measures can protect the integrity of the vote, such as stronger protections against voter intimidation and protocols for preempting election disinformation. Read our plan and encourage your legislators to act. Read more
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Grappling with AI
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Artificial intelligence will reshape American life, for good or ill. How can we ensure that privacy, democracy, and human dignity are enhanced? Our research explores the many facets of this burgeoning and sometimes baffling phenomenon. Already, flawed systems used by governments and private companies are plagued by errors and biases that especially harm minority communities. And 2024 will bring the first presidential election of the generative AI era, with new risks to supercharge disinformation by conspiracy theorists and foreign powers. Read more
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Small Donor Public Financing Explained
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As more and more money floods our elections every year, small donor public financing has emerged as a powerful solution to counter the outsize influence of wealthy donors and special interests in politics. At least 14 states and 25 local governments across the country have embraced these programs, with more jurisdictions working to implement their own programs for upcoming elections. A Brennan Center explainer walks through the benefits, popularity, and key features of successful public financing. Read more
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