From Brennan Center for Justice <[email protected]>
Subject Using emergency powers to bypass the law
Date November 14, 2025 3:58 PM
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Will the justices cave again? ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

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A Supreme Test of Executive Power

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Earlier this month, the Supreme Court heard oral arguments in a case challenging President Trump’s global tariffs. The stakes extend far beyond trade policy — the Court’s decision could determine whether presidents may use emergency powers to routinely bypass Congress and single-handedly implement policies. A Brennan Center expert on presidential authority unpacks the case and its implications for the constitutional separation of powers

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Defunding Science

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Federal courts have temporarily blocked the Trump administration’s freezing of billions in appropriated funds as an unlawful attempt to override Congress’s power of the purse. Next week, a federal appeals court will hear arguments in one of the challenges, prolonging uncertainty for critical services in education, health care, and scientific research. In an interview with the Brennan Center, a former Biden-era chief adviser for science and technology explains the real-world consequences of the funding freeze, not only for U.S. scientific leadership but also the health and prosperity of all Americans

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Public Safety Strategies for NYC’s Next Mayor

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New York City Mayor-elect Zohran Mamdani should make public safety a top priority. He has an opportunity to set a national example by using data-driven strategies and durable solutions to improve the criminal justice system. A Brennan Center brief lays out the steps that Mamdani should take in the near term, including investing in communities and appointing reform-minded leaders to key positions

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Closing Corruption Loopholes

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Corruption is surging across all three branches of government. Technically, much of it is legal — and that has to change. Congress can start curbing these abuses by giving real teeth to the Constitution’s Foreign and Domestic Emoluments Clauses, which are intended to prevent the president and other public officials from putting personal gain ahead of the public interest

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The Immigration System, Explained

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The Trump administration’s aggressive deportation tactics have left Latinos and other communities navigating uncertainty about their rights. In a new interview, a former senior immigration policy official explains how the immigration system works, what has changed under this administration, and how to address the growing challenges

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Crime Victims Left in the Lurch

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As part of its broader cuts to federal public safety funding, the Justice Department has withdrawn roughly $72 million in grants awarded to organizations that support crime victims. These groups help people suffering from serious physical, emotional, and financial harms resulting from crimes. The cuts break with long-standing bipartisan criminal justice priorities — it’s not too late for Congress to urge the administration to reverse course and restore these vital services

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A Roadmap to Overturn Citizens United

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The Supreme Court has shown no interest in revisiting its Citizens United decision, which opened the floodgates to big money in politics. To guide their efforts to overturn it, pro-democracy state legislators can take a page from antiabortion activists’ playbook by passing state “trigger laws” that directly challenge the ruling’s legitimacy. Changing constitutional law takes time, but history shows that when popular campaigns are well-orchestrated and the people stick with them, they can succeed

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BRENNAN CENTER ON SOCIAL MEDIA

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The states and Congress run U.S. elections, not the president. But an executive order seeks to change that. Learn more on Instagram &gt;&gt;

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PODCAST

Keeping a Democracy (with Joyce Vance)

Amid attacks on the rule of law and strains on our system of checks and balances, there are ways that Americans can take action and work together to defend and uphold our democratic institutions. Our latest episode features legal expert and former federal prosecutor Joyce Vance discussing her new book, Giving Up Is Unforgivable: A Manual for Keeping a Democracy

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Power of the Purse

The Constitution gives Congress the authority to decide how much the federal government spends and for what purposes. President Trump has taken unprecedented steps to ignore this framework and impose his own priorities. Experts break down his efforts, the lawsuits challenging them, and the impact of these actions on Americans’ daily lives. YouTube

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Corruption in America

From lucrative crypto deals to pardons for big campaign donors, we are living in a new era that combines personal self-dealing and political power like never before. On this episode, experts lay out a plan to end the culture of kleptocracy. YouTube

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Brennan Center for Justice at NYU School of Law

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