The government shouldn’t have the power to detain people without a fair hearing. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

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Assault on the Constitution

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President Trump invoked the Alien Enemies Act over the weekend, a notorious law last used during World War II to intern thousands of Japanese, German, and Italian nationals. His administration promptly deported more than 100 Venezuelan immigrants to be imprisoned in El Salvador, alleging — without real evidence or judicial review — that they are members of a dangerous Venezuelan gang “invading” the United States. The deportations went forward in the face of a judge’s order to stop.

These actions point to a pair of looming constitutional crises: a power grab that lets an all-powerful government detain and deport people based solely on where they were born, as well as the growing chance that the president will simply disregard court rulings he dislikes

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Wisconsin’s High-Stakes Race for a State Supreme Court Seat

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The Wisconsin Supreme Court election is less than two weeks away and now holds the record for the nation’s most expensive judicial contest ever. The race, which could flip the court’s 4–3 liberal majority, has seen more than $63 million in spending, including $13 million from groups affiliated with billionaire Elon Musk. Its outcome could decide the fate of abortion access, redistricting, and other key issues in the state. The historically costly election is yet more proof that the post-Dobbs trend of high-profile, nationalized judicial races appears to be here to stay

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Modern-Day Banishment Is Illegal

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The recent proposal by El Salvador’s president to imprison in his country Americans convicted of crimes under U.S. law raises alarm bells for numerous reasons. This kind of exile would be unprecedented in modern times, and it would be illegal — including under the First Step Act signed by President Trump during his first term. Additionally, sending convicted U.S. citizens to the inhumane conditions of El Salvador’s infamous megaprison would almost certainly violate the Eighth Amendment’s protections against cruel and unusual punishment

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Protecting Elections from AI

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Fears that artificial intelligence would disrupt the 2024 election didn’t come to pass, but we can’t rule out future threats. Over time, the misuse of generative AI tools may erode public trust in elections by making it harder to separate fact from fiction and intensifying polarization. A new Brennan Center analysis explains how to address the long-term consequences that AI could have for democracy

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BRENNAN CENTER ON SOCIAL MEDIA

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Who will the Trump presidency benefit? Our latest resource follows the money. Learn more on Instagram >>

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