The Supreme Court has made it harder for federal judges to block unconstitutional government actions.
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David Talukdar/Getty
Supreme Court Constrains Judicial Power
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On the final day of its term, the Supreme Court restricted an important tool that federal judges use to protect individual rights. Multiple federal district courts blocked President Trump’s attempt to rescind birthright citizenship soon after the order was issued in January, with one calling the effort “blatantly unconstitutional.” But now the Supreme Court has decided that such nationwide injunctions go beyond the power of federal courts when they’re not necessary to give the plaintiffs — and only the plaintiffs — the protection of the Constitution. While the full implications of this ruling remain unclear, it’s another example of the Court enabling executive overreach at a time when checks and balances are under growing strain
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Entrenching Mass Immigration Detention
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A central provision of President Trump's newly enacted budget is its massive funding for immigration detention. It makes U.S. Immigration and Customs Enforcement the largest federal law enforcement agency and approximately doubles detention capacity to potentially more than 100,000. The unprecedented spending comes amid blocked congressional oversight of ICE facilities, which have been criticized for unsafe and inhumane conditions
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Election Officials Want More Support Amid Federal Cutbacks
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The Brennan Center’s annual survey of local election officials finds that most are concerned about recent federal cutbacks to election support, including election security programs. A similar number said they’re concerned about political leaders interfering with how they or their fellow election officials around the country do their jobs. And concerns about safety remain high. States and civil society need to act now to shore up the critical work that local election officials do
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The Push for “Show Your Papers” Voting Rules
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This year, at least 27 states have introduced bills that would require Americans to show a passport or birth certificate to register to vote. The bills mirror the SAVE Act, a federal proposal currently stalled in the Senate amid strong opposition. These state measures are bad for democracy in two ways: They would both disenfranchise American citizens who don’t have the required documents readily available and create a significant burden for already-stretched election officials. A Brennan Center analysis examines the status and impact of these “show your papers” policies across the country
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Follow the Digital Dollars
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Weak disclosure rules make it hard to track online political ads, but a new analysis by the Brennan Center, OpenSecrets, and Wesleyan Media Project provides the most complete estimate yet of online spending during the 2024 elections. It reveals that at least $1.9 billion was spent on ads across the four largest digital platforms — Meta, Google, Snap, and X — and yet this sum is likely an undercount. Greater transparency is crucial to help Americans understand who is trying to influence their votes
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Soldiers Aren’t Police Officers
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Last month, federalized National Guard units assisted in a routine drug raid outside Los Angeles. It marked a troubling escalation of President Trump's efforts to use the military as a domestic police force. A top Brennan Center expert on executive power and military authority explains why these actions threaten individual rights and what legal questions they raise
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Punishing Sanctuary Cities
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The Justice Department sued Los Angeles last week for refusing to cooperate with the federal government’s push to ramp up immigration enforcement. The lawsuit is part of a broader effort, including threats to withhold funding, aimed at punishing jurisdictions with sanctuary laws. But, as a new Brennan Center analysis points out, compelling states and cities to enforce federal law is unconstitutional
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BRENNAN CENTER ON SOCIAL MEDIA
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In North Dakota, voting rights are being treated as a suggestion. And a federal appeals court is allowing it. Learn more on TikTok >>
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Virtual Event
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VIRTUAL EVENT: The Trouble Between Trump and the States on Education Policy
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Tuesday, July 15, 3–4 p.m. ET
President Trump has ordered cuts to the Department of Education and federal education funding, the brunt of which will fall on low-income communities. He is also demanding changes to school services and curriculums, including the elimination of diversity, equity, and inclusion programs.
However, states are required by their constitutions to provide public education, and many must meet certain standards and provide student services. In cases where state obligations conflict with the administration’s orders, both state and federal judges may be called on to decide whether state law provides a xxxxxx against harmful federal policies.
Join us for a discussion with education experts moderated by State Court Report Editor in Chief Alicia Bannon. The conversation will explore how the Trump administration’s actions have affected schools, how schools are responding, and how court fights over education policy may play out. RSVP today
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Produced in partnership with State Court Report
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Brennan Center for Justice at NYU School of Law
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