From Brennan Center for Justice <[email protected]>
Subject Emergency powers should be saved for real emergencies
Date April 18, 2025 3:18 PM
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They’re not a tool for advancing a president’s policy agenda.


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Justin Sullivan/Getty

Misuse of Emergency Power

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Donald Trump declared a national emergency this month and announced sweeping worldwide tariffs — essentially, taxes paid by U.S. importers that are often passed on to consumers. The economic wisdom of the tariffs (some of which are now on hold) is up for debate, but one thing is clear: This is yet another example of the president pushing past the limits of his authority. A Brennan Center explainer addresses the legal questions surrounding the so-called emergency tariffs and examines what the courts and Congress can do to rein in these abuses of power

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Abandoning Election Security

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Over the past three months, the administration has slashed much of the federal support, funding, and infrastructure that help states keep their election systems safe. Already, federal rollbacks have weakened security in critical areas, leaving election systems more vulnerable to an array of foreign and domestic threats. A new explainer details the administration’s harmful election-related moves and their consequences

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How the SAVE Act Could Hurt Elections

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Federal rollbacks aren’t the only pressure on our elections. Last week, the House passed the SAVE Act, a dangerous anti-voter bill that would require Americans to present a passport or birth certificate to register to vote. If it becomes law, this policy could block as many as 21 million American citizens from the ballot box and disrupt election administration. In a new piece, a former state election official explains how the SAVE Act would be disastrous — not just for voters but for the people who run our elections

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Voting Rights Act Returns to the Supreme Court

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The Supreme Court is slated to rule on a redistricting case out of Louisiana in the coming months that could further weaken the already battered Voting Rights Act. The case centers on whether a new Black-majority congressional district drawn to fix a previous unfair map is itself an illegal racial gerrymander. The Court’s decision could undermine the landmark civil rights law and make it harder for communities of color to secure fair political representation

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Lessons from Northern Europe’s Prisons

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The dignity-first model of incarceration used in Northern Europe may provide practical lessons and insights for efforts already underway to address the crisis in the U.S. corrections system. A Brennan Center analysis, based on our visits to prisons in Germany and Norway last year, highlights important differences in how these countries approach criminal justice and how some of their policies and philosophies could inform attempts to create a fairer and more humane system in the United States

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PODCAST: Presidents Don’t Control Our Elections

In a recent podcast episode, Brennan Center experts discuss how Trump’s executive order on voting and elections, paired with the SAVE Act, threatens to disenfranchise millions of Americans and upend our election system. Listen on Spotify

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, Apple Podcasts

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, or your favorite podcast platform

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BRENNAN CENTER ON SOCIAL MEDIA

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We’re suing the Trump administration over the executive order on elections. Presidents do not have the power to set voting rules in this country. Learn more on Instagram &gt;&gt;

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Virtual Event

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Presidential Power in the First 100 Days

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Wednesday, April 30 // 3–4 p.m. ET

April 30 marks 100 days of Trump’s second term. Over the past three months, the president has issued more than 100 executive orders that aim to bypass Congress and single-handedly change policies on immigration, tariffs, voting, and much more. But has this flurry of orders effected fundamental change? There are already 46 challenges to executive orders pending in court, and judges appointed by presidents of both parties have put the brakes on Trump’s plan for change. Will the courts continue to thwart his lawless agenda?



Join the Brennan Center on Wednesday, April 30, at 3 p.m. ET for a discussion with experts about what Trump’s first 100 days in office reveal about his administration’s priorities and what might lie ahead. RSVP today

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Brennan Center for Justice at NYU School of Law

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646-292-8310

tel:646-292-8310

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