The implications for Donald Trump and American democracy are major.  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌   
 
Dan Bejar
The shocking Supreme Court opinion in Trump v. United States last week established sweeping protections for presidents against criminal prosecution, undermining the democratic principles our nation was founded on. In the short term, the ruling will delay Donald Trump’s trial for his efforts to overturn his 2020 election loss. In the long term, it gives future lawbreaking presidents a shield from accountability and encourages more insurrection. The decision has done severe damage to the rule of law, leaving our democracy exposed.
In a ruling that flew under the radar amid other headline-grabbing decisions, the Supreme Court drastically narrowed federal protections against government corruption. In Snyder v. United States, the conservative majority tossed the conviction of a mayor who accepted kickbacks that no reasonable person would assume were legal, redefining the scope of a bribery law to allow officials to accept “gratuities.” As confidence in American public institutions drops to record lows, the decision to hollow out safeguards against corruption could not have come at a worse time.
A Georgia law implemented this month makes it easier for citizens to challenge their neighbors’ ability to vote, increasing the risk of voter disenfranchisement. The law, fueled by false claims of widespread election fraud in 2020, has already led to mass challenges that will require dozens of voters to take extra steps to have their ballots counted this fall. Some Georgia counties are trying to mitigate the law’s impact by requiring stronger evidence of a voter’s supposed ineligibility. Even still, inviting frivolous voter challenges wastes election officials’ time and spreads disinformation, eroding trust in the electoral process.
For more than a century, Congress has ignored the dormant threat of the Insurrection Act, a law that grants the president nearly limitless power to use the military as a domestic police force. In the current political climate, in which threats of violence and election denial have become normalized, it’s dangerous to leave this authority unchecked. Reform is necessary to clarify when and how presidents can use the Insurrection Act and implement crucial safeguards against abuse.
The 2024 Ohio congressional primaries underscore significant shifts in campaign finance dynamics. Out-of-state megadonors wielded substantial influence through super PACs, dominating competitive races with unprecedented spending. Self-funding by wealthy candidates also played a pivotal role. Moreover, nationalized funding channels, including opaque “dark money” groups, funneled millions of dollars through local fronts, blurring funding sources. A new Brennan Center analysis details how external financial forces and moneyed special interests, rather than constituents, increasingly shape local elections.
The Supreme Court’s 2013 decision in Shelby County v. Holder removed important protections against racial discrimination in the Voting Rights Act, clearing the way for more than 100 new voter suppression laws since then. The Brennan Center’s Kareem Crayton delves into the fallout of the Court’s decision, the growing racial turnout gap, and the reforms that will protect the right to vote.

 

PODCAST: The Supreme Court Is Ready for Reform
Our latest episode features a conversation between Sen. Sheldon Whitehouse (D-RI) and Brennan Center President Michael Waldman about what the public, the media, and Congress can do to bring accountability back to the Supreme Court. The options for lawmakers include legislation on ethics reform and term limits. The discussion was moderated by NYU Law’s Kenji Yoshino. Listen on Spotify, Apple Podcasts, or your favorite podcast platform.

 

BRENNAN CENTER ON SOCIAL MEDIA
There are ways to rein in the Supreme Court. Learn more on TikTok >>
 

 

Events
 
VIRTUAL EVENT: Fix the Insurrection Act
Thursday, July 25, 3–4 p.m. ET
Without reforms, the Insurrection Act is a threat to civil liberties and American democracy itself. Join us for a live virtual event on this issue moderated by Elizabeth Goitein, senior director of the Brennan Center Liberty & National Security Program, featuring lawyer and writer Hawa Allan, Harvard law professor Jack Goldsmith, and Brennan Center counsel Joseph Nunn. RSVP today
 
 
VIDEO: What Originalism Means for Women
The Supreme Court’s shift toward the so-called original meaning of the Constitution has come at the expense of decades of progress for women’s rights. This playback of a live panel features Madiba K. Dennie, author of The Originalism Trap; Khiara M. Bridges of UC Berkeley School of Law; Emily Martin of the National Women’s Law Center; and Alicia Bannon of the Brennan Center and State Court Report. WATCH ON YOUTUBE