From Brennan Center for Justice <[email protected]>
Subject Preparing for federal threats to elections
Date September 5, 2025 4:52 PM
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Efforts to undermine public trust and interfere with vote counting are likely.


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Elijah Nouvelage/Getty

Next Steps in the Plan to Meddle with Elections

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President Trump has announced plans to issue executive orders that would restrict mail voting and impose strict voter ID requirements. But under the Constitution, only Congress and the states have authority over elections. The president’s attempt to rewrite such rules is part of a broader effort by his administration to undermine the coming elections. In the year ahead, we can expect federal agencies to promote false claims about voting, launch bogus investigations and prosecutions, and attempt to interfere with vote counting. By recognizing this strategy now, state and local leaders, as well as the public, can be better prepared to respond

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Judge Halts Use of Troops in LA

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A federal district court ruled this week that the deployment of federal forces in Los Angeles violates the Posse Comitatus Act, a long-standing law that bars the military from civilian law enforcement unless specifically authorized by Congress. The judge’s order prohibits military involvement in actions such as arrests, searches, and crowd control. While the ruling applies only to California, it sets an important precedent for other states to challenge the Trump administration’s systematic efforts to use the military as a domestic police force

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Congressional Stock Trading, Explained

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This week, lawmakers introduced a bill to ban members of Congress and their families from trading individual stocks. Americans from across the political spectrum support restrictions on congressional stock trading, which is widely seen as a source of potential conflicts of interest. A new Brennan Center explainer looks at the issue and the chances for reform

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Civil Rights Then and Now

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In the spring of 1961, Black and white civil rights activists rode buses together through the South to challenge segregation laws. Known as the Freedom Rides, these protests were part of a larger movement against racial discrimination that ultimately led to the Voting Rights Act of 1965. To mark the law’s 60th anniversary this year, the Brennan Center spoke with Joan Browning, a white Freedom Rider from Georgia, about her experiences, the legacy of the rides, and the continuing struggle for civil rights

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State Paths to Climate Justice

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More than a million people behind bars in the United States face growing risks from climate-related threats including extreme heat, severe storms, and wildfires. Efforts to challenge unsafe conditions in federal court have mostly failed. But as a recent State Court Report article explains, the prospects for state constitutional claims are more promising, at least in some states

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Hope for NYC Jails

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A federal judge is set to appoint an independent outside official to oversee New York City’s Rikers Island, a jail system plagued by inhumane conditions, violence, and preventable deaths. A Brennan Center analysis looks at what’s next for the city’s jails and how the takeover could lead to meaningful reform in one of the nation’s most troubled detention systems

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Scholars’ Influence on SCOTUS

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Judges have long criticized legal scholarship as too abstract or theoretical. But over the past two decades, the Supreme Court has increasingly relied on it to decide gun rights cases. A Brennan Center fellow examines how this influence has helped define Second Amendment law and how the trend played out in the Court’s 2023–24 term

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PODCAST: The Past, Present, and Future of the Voting Rights Act

Our latest episode examines the legislative crown jewel of the civil rights movement, the Voting Rights Act of 1965. After years of damaging decisions, another lawsuit is threatening the law’s last remaining protection against discrimination at the ballot box. Thankfully, the courts don’t have the only say, as the 15th Amendment gives Congress the power to safeguard the right to vote through new legislation. Listen on Spotify

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, Apple Podcasts

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, or your favorite podcast platform

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, or watch on YouTube

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BRENNAN CENTER ON SOCIAL MEDIA

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Our study of 33 cities found no evidence that bail reform leads to increased crime. The fact is that cash bail usually keeps people in jail pretrial based on wealth, not public safety concerns. Learn more on TikTok &gt;&gt;

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Virtual Events

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The Campaign to Undermine the Midterms

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Thursday, September 18, 3–4 p.m. ET

From issuing an unconstitutional executive order to pardoning violent January 6 rioters, President Trump is making a concerted push to undermine American elections — a drive that will likely gather momentum as the 2026 midterms approach. Join us for a live virtual discussion with Brennan Center experts about these unprecedented actions and ways to protect the integrity of the vote. RSVP today

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Brennan Center for Justice at NYU School of Law

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