The Posse Comitatus Act of 1878 was designed to constrain the use of the U.S. military in domestic law enforcement, but loopholes and exceptions have left this guardrail dangerously weak. A new Brennan Center report shines a light on gaps in the law and the urgent need for reform. While the law has historically been respected, relying on luck and tradition is no substitute for implementing strong legal safeguards.
In North Carolina, Hurricane Helene left thousands of people displaced and many polling sites destroyed. State lawmakers and election officials have acted quickly to ensure that affected citizens will still be able to vote. As part of Florida’s recovery efforts after Hurricane Milton, officials there must do the same. Federal, state, and local coordination is urgently needed to provide resources and prevent the disenfranchisement of those hit by the storm.
Term limits for Supreme Court justices would be far from radical — they’re in line with how most state supreme courts operate. Justices in every state but Rhode Island have limited tenure. As a result, since 1970, state supreme court justices serve an average of 13 years — half the average for U.S. Supreme Court justices. A new Brennan Center analysis details how state courts have long embraced fixed terms and mandatory retirement ages, underscoring just how out of step lifetime appointments are with the fundamental American principle that no one should hold too much public power for too long.
Looking to the example of state courts also undercuts the concern that term limits would jeopardize judicial independence. As former Florida Supreme Court Justice Barbara J. Pariente explains in a new piece, there are far more effective ways to preserve judicial integrity than relying on lifetime appointments.
New York City’s public campaign financing program has been praised for amplifying the voices of small donors, but there are now allegations that Mayor Eric Adams illegally exploited the system. A new Brennan Center explainer shows how the program’s strict controls have effectively deterred fraud for decades and ensured that those who break the rules are caught and held accountable.
The Department of Homeland Security’s Federal Protective Service is responsible for securing federal buildings and protecting those who work in or visit these facilities. But since 2001, the agency’s powers have grown significantly, and in 2020, it played a central role in controversial crackdowns on racial justice protests. Our new expert brief lays out steps that Congress can take to prevent future overreach.
As millions of young Americans prepare to vote for the first time in 2024, college campuses present unique challenges for election administrators. Campus leaders and local election officials can collaborate to provide a smooth experience for student voters. A new guide from the Brennan Center and NYU Law School outlines how these groups can work together to streamline registration, reduce long lines, and equip students with clear, accurate voting information.
States have multiple safeguards in place to guarantee that only eligible citizens can vote. But in recent years, politicians have spread false claims about noncitizens voting in large numbers. Our new resource examines these lies, identifying where they stem from and who is pushing them. These conspiracy theories aren’t just harmless rhetoric — they hurt real people and the health of our democracy.
A federal judge recently struck down a part of Texas’s controversial voting law that had criminalized efforts to help voters cast mail ballots. Fear of prosecution under the law had hampered voter outreach by organizers and volunteers, particularly to people who are more likely to rely on mail voting, such as older adults and people with disabilities. While the Brennan Center and other groups continue to challenge other parts of the law, this ruling is a major win for Texas voters and the larger fight
against voter suppression.
PODCAST: What to Expect from the Supreme Court Term
Our latest episode is about what we can expect from the Supreme Court's new term. Cases about “ghost gun” regulation, prosecutorial misconduct, and federal agency powers are on the docket. Brennan Center experts explore the issues and discuss what can be done to shore up democracy. Listen on Spotify, Apple Podcasts, or your favorite podcast platform.
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Virtual Events
Promoting Justice and Public Safety Since the Pandemic Thursday, October 17, 3–4 p.m. ET
Crime has long been a political wedge issue used to stoke anxiety and stir division. Although the pandemic crime spike is receding, the politicians who fear-mongered about crime in 2020 continue to call for harsher punishments and the repeal of reforms. Join members of Law Enforcement Leaders as they discuss the effects of reforms, evidence-based solutions for reducing crime, and new strategies to lower recidivism rates and promote successful reentry into society. RSVP today
Produced in partnership with Law Enforcement Leaders to Reduce Crime and Incarceration, a project of the Brennan Center