The executive order pressuring states to abandon their regulations carries no legal weight. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

Donate

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In 2025, we fought against presidential abuse of power and defended the checks and balances that keep us all free. In 2026, we will redouble our efforts to ensure that the midterm elections are free and fair. We need your help.



Now through the end of the month, all gifts will be matched by a generous donor, doubling your impact. Donate now to help us continue the fight in 2026.

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What to Make of the AI Executive Order

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President Trump issued an executive order last week that attempts to strong-arm states into abandoning laws that shield Americans from harms related to artificial intelligence, from deceptive ads to deepfakes designed to mislead voters. But neither the Constitution nor any existing federal law gives the president the power to unilaterally override state AI regulations. It’s no coincidence that this sop to the AI industry comes after the companies poured millions of dollars into campaigns and super PAC donations to support the president and members of Congress over the last year. The executive order is little more than political theater, and in the absence of federal leadership on the issue, states should continue protecting their citizens from the risks of unregulated AI

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New AI Policies for the Military

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At the same time, Congress just passed the annual defense bill, which established new rules governing how AI can be used in warfighting and intelligence activities. This is a step in the right direction, as the Department of Defense has been expanding its reliance on the quickly evolving technology, raising risks to privacy and civil liberties. A new Brennan Center analysis walks through the bill’s AI-related provisions, highlighting both what it gets right and the issues it fails to address

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Supreme Court Greenlights Unfair Congressional Map in Texas

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A recent Supreme Court decision means that Texans will vote in the 2026 midterms using new congressional district lines that have been deemed racially discriminatory. A lower court had struck down the map, finding that it was gerrymandered to target the seats of five Black and Latino members of Congress in a bid to secure additional Republican House seats. Earlier this month, however, the Supreme Court used its shadow docket to put that ruling on hold. A new Brennan Center analysis explores the implications of the decision and what may come next

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Setbacks for Bipartisan Public Safety Goals

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There’s consensus among both parties that people leaving incarceration need support to find work and stable housing so they can contribute to their communities and avoid returning to crime. But earlier this year, the Trump administration cut some $40 million in grants aimed at helping people released from prison. A Brennan Center expert brief — part of a series

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examining the effects of federal funding cuts on public safety — shows how the cuts will harm these individuals as well as their families and communities

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Trouble Ahead for Campaign Finance Law

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This month, the Supreme Court heard oral arguments in a challenge to long-standing federal limits on how much national political parties can spend in coordination with candidates. While there are relatively strict limits on how much money an individual or group can donate directly to a candidate, parties are subject to much weaker limits. It’s fair to question the effectiveness of these rules given the dramatic changes in the political landscape, but making those kinds of policy decisions is Congress’s job, not the Supreme Court’s

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The Legacy of Bush v. Gore

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Last week marked 25 years since the Supreme Court issued its controversial decision in Bush v. Gore

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. On election night in 2000, the networks called the race prematurely for Al Gore, then retracted their calls, then called it for George W. Bush, then retracted again. Ultimately, five Supreme Court justices — all appointed by Republican presidents — put an end to the recount underway in Florida, handing the presidency to Bush. The fractured opinions were a maze of disagreements, with the majority warning that the opinion should not be cited as precedent. In a new episode of The Briefing with Michael Waldman, experts who were involved in the case discuss its impact on public trust in the Court and American democracy

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PODCAST

How Congress Must Respond to Trump’s Boat Strikes

Over the past several months, the Trump administration has undertaken a congressionally unauthorized military campaign against supposed “narcoterrorists” in international waters. Since the revelation of a “double-tap” missile attack that killed survivors on an alleged drug boat, administration officials have scrambled to explain the legal justification. In our new podcast episode, Brennan Center experts analyze the legality of the boat strikes and offer recommendations for how Congress can respond. Watch or listen on YouTube

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// Spotify

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// Apple

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// Substack

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BRENNAN CENTER ON SOCIAL MEDIA

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U.S. Immigration and Customs Enforcement has long used the latest spy tech to pursue immigrants. But now it's also targeting anti-ICE protesters and anyone who allegedly funds them. Learn more on Instagram >>

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Coming Up

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2025: Year in Review

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Tuesday, December 23, 3–4 p.m. ET

This year, we saw extraordinary threats to American democracy: an executive power grab, threats to voting rights, and more. Yet there has also been a growing response, from the courts to ordinary citizens. What happened? And what can we expect next?



Join us virtually as Brennan Center experts discuss issues including elections, the Supreme Court, and corruption. RSVP today

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