The increasing use of force to cut off public debate. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  
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Brennan Center for Justice
 
PATRICK T. FALLON
This month has seen an escalation in the Trump administration’s tactics against public officials who speak out against its policies. Sen. Alex Padilla (D-CA) was held down and handcuffed by federal agents after attempting to question the homeland security secretary. Two New Jersey officials were arrested while trying to gather information about conditions at an immigration detention center. These actions are not normal or lawful and reflect an alarming pattern of using force to stamp out dissent.
Last weekend’s U.S. bombing of Iran shows President Trump’s disregard for checks and balances. While the Brennan Center takes no position on the merits or consequences of foreign policy decisions, this military action clearly required congressional authorization. Ordering such an attack without that approval — and without a qualifying national emergency — must be understood as part of Trump’s headlong drive to vastly expand presidential power. As courts are unlikely to intervene, Congress must act as a check on an out-of-control executive.
The Constitution guarantees people behind bars the right to challenge their detention in court. This right — known as habeas corpus — has been a crucial tool in pushing back against the Trump administration’s immigration policies. A Brennan Center explainer breaks down exactly what it is, what it’s used for, and why it matters.
President Trump’s decision to send federalized National Guard forces and Marines to Los Angeles in response to protests against immigration raids raises numerous questions: Are his actions legal? What authorities is the president relying on? How are courts responding? Our emergency powers expert tackles these and other key issues surrounding the deployment.
Eight voters and two voting rights groups represented by the Brennan Center and co-counsel went to court last week to defend their right to vote. These individuals are among more than 200,000 North Carolina voters at risk of being removed from the rolls because of a Trump administration lawsuit. The case is the latest in a series of recent attacks on voting rights in North Carolina.
The budget bill advancing through Congress includes a package of policy changes that will benefit wealthier Americans while cutting benefits for the poorest. It tells a familiar story of money in politics: donating to members of Congress pays. Reformers must work to ensure that all Americans’ interests are represented in federal policy, regardless of how much money they have.

 
PODCAST: The Guarantee of Birthright Citizenship
Our latest podcast episode analyzes the legal arguments that the Trump administration is using in an effort to end birthright citizenship. Now the Supreme Court will weigh in. Brennan Center experts talk to historians about the 14th Amendment and more than a century’s worth of related case law. Listen on Spotify, Apple Podcasts, or your favorite podcast platform, or watch on YouTube.

 
BRENNAN CENTER ON SOCIAL MEDIA
Local and state officeholders are facing an alarming volume of harassment, threats, and other abuse that interferes with their work. The Brennan Center offers recommendations on what the government can do to protect them. Watch on YouTube >>

 
Virtual Events
 
Supreme Court Term in Review
Wednesday, July 9, 3–4 p.m. ET
The Supreme Court currently faces some of the biggest challenges in its history. The president is determined to break through the constitutional limits of executive power, and the Court’s own public approval hovers near all-time lows. Will the justices stand up for the Constitution on the biggest issue facing the country — the extraordinary executive power grab?
 
Against this backdrop, the justices are poised to hand down rulings in key cases that will affect millions of people’s lives, including around health care, education, and political representation, as well as the power of federal courts to issue nationwide injunctions. Join us for a virtual conversation with Supreme Court experts about the Court’s decisions this term and what they mean for the rule of law at a time when democracy is at risk. RSVP today

 
 
 
Brennan Center for Justice at NYU School of Law
120 Broadway, Suite 1750 New York, NY 10271
646-292-8310
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