A federal court has preliminarily blocked part of the president’s effort to take control of the election process.
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Defending the Right to Vote
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One hundred days into President Trump’s second term, we have seen an unprecedented drive to undermine fair elections. But the movement to defend voting rights has netted an important early victory: Last week, a federal judge granted the Brennan Center’s request to block part of an executive order
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that would require American citizens to produce a passport, birth certificate, or other citizenship document to register to vote — documents that millions of Americans lack easy access to. How this fight to unfolds will shape whether all eligible Americans have the chance to vote in 2026 and beyond
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VIDEO: Presidential Power in the First 100 Days
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The attempt to unilaterally rewrite election rules is only one of many examples of the president pushing past the limits of his authority since retaking office. Yesterday, a panel of experts analyzed the flurry of executive actions and legal challenges we have seen over the past 100 days and highlighted key issues to continue watching in the months to come. Watch on YouTube >>
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Alarming Strategies Behind the Border Crackdown
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Trump has designated 600 miles of land at the U.S.–Mexico border to be a military installation, an action that seems designed to sidestep Congress and a long-standing ban on using the military for domestic law enforcement. Using a legal loophole, the administration may try to use federal troops as a de facto border police force that could arrest and detain people who cross the border unlawfully. A new Brennan Center analysis explains how the move would threaten legal rights and democratic freedoms
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This bid to militarize the border comes as the administration’s plan to use an antiquated wartime authority to deport Venezuelan immigrants without due process has hit roadblocks in court. The Alien Enemies Act, last used to intern tens of thousands of non-U.S. citizens during World War II, is already a stain on American history. The law should be repealed, not warped to serve the president’s deportation agenda
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ICE Clashes with State Courts
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The conflict between the Trump administration and local authorities over immigration policies is also escalating. Last week, federal law enforcement arrested a Wisconsin state judge for allegedly preventing U.S. Immigration and Customs Enforcement agents from arresting a man in her courthouse. State Court Report covers how judges, prosecutors, and court administrators are calling to keep immigration enforcement out of courts and let judges do their jobs
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A Tale of Two Campaign Finance Systems
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Canadians voted for a federal government this week in an election that looked very different from U.S. general elections: Massive private spending was noticeably absent. How is that possible? Canada has campaign finance rules that help keep big money out of politics. The United States has passed similar regulations — but the U.S. Supreme Court has dismantled them
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Keeping the FEC Operational and Independent
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As of today, the bipartisan Federal Election Commission can’t enforce campaign finance laws — and that’s only one of its problems. In an unprecedented move in February, the president fired a commissioner without naming a replacement. Now, the resignation of another commissioner means that the agency lacks the quorum required to do most of its business. But even worse than a dormant FEC is one that could be weaponized for partisan ends. The president and Congress should fill the vacancies immediately, and nominees from both parties should also be asked whether they will explicitly commit to defending the FEC’s independence
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BRENNAN CENTER ON SOCIAL MEDIA
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The Senate must reject the SAVE Act, which could prevent millions of American citizens from voting. Watch on TikTok >>
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Virtual Events
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Constitutional Meaning in the Shadow of the Articles of Confederation
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Monday, May 12, 11 a.m.–4 p.m. ET
Online and at the National Constitution Center in Philadelphia
The Roberts Court has increasingly relied on history to resolve some of the most important constitutional questions of our time. Embracing “originalism,” the Court’s conservative majority argues that the original public understanding of the Constitution is what really counts. But discerning the goals and assumptions of those who ratified the Constitution requires an understanding of the document they were replacing: the Articles of Confederation. Today, this document is ignored as a false start, but that’s a mistake. The Constitution was an explicit attempt to form a union “more perfect” than that of the Articles of Confederation, which provides vital context for the framers’ choices.
Join us virtually or in person in Philadelphia to watch historians, journalists, law professors, and political scientists explore how the nation’s first experiment in self-governance paved the way for the Constitution we have today. Panelists will examine the legacy of the Articles of Confederation, the founding debates over federal power, and the lasting influence of these debates on modern-day constitutional interpretation. RSVP today
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Presented in partnership with the National Constitution Center
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Brennan Center for Justice at NYU School of Law
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