Your weekly source for analysis and insight from experts at the Brennan Center for Justice
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The Briefing
The United States has by far the highest number of confirmed infections and deaths from Covid-19 in the entire world. How did we get here?
One key factor is something the Brennan Center has been tracking for years: the degradation of science and expertise within the government and a breakdown in ethics and the rule of law. It turns out that these norms are not just useful in the functioning of our democracy — they also save lives.
In recent months we’ve all seen the ways this has played out: distortions of science from the White House podium, attacks on government scientists and other experts, vacancies, unqualified appointees, conflicts of interests, and many other abuses. Combined, they have seriously undercut the federal government’s ability to respond to the crisis.
The Brennan Center is now tracking these numerous abuses by the Trump administration
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We’ve collected — and will continue to collect — examples of ways the federal government’s response to this crisis has been hampered. They range from the president suggesting that we inject disinfectant as a treatment for Covid-19 to extreme immigration restrictions that have no clear public health rationale.
Nothing will bring back the lives we’ve lost, but we can prevent future administrations from mismanaging emergencies so disastrously. The Brennan Center’s bipartisan National Task Force on Rule of Law and Democracy
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has laid out a legislative agenda that would prevent the types of abuses of executive power that have become commonplace during the Covid-19 crisis. The proposals include passing legislation to protect government science from political interference, strengthening federal ethics laws, and curbing the practice of placing acting officials in key government positions.
Reading through this exhaustive list of violations and abuses is striking. It’s hard to believe that it’s been six months since the pandemic hit, and there’s still no end in sight. But by documenting it all, we can avert future disasters if we learn from our mistakes.
Democracy
Mitch McConnell Honored John Lewis with Words. Now He Must Do It with Action
Senate Majority Leader Mitch McConnell called Rep. John Lewis a hero in his memorial tribute. The Kentucky senator has a history of supporting voting rights, too. In 2006, McConnell voted in favor of reauthorizing the Voting Rights Act and even gave an impassioned speech supporting it on the Senate floor. But now he is refusing to bring up a bill passed by the House that would restore the Voting Rights Act to its full strength after being weakened by the Supreme Court. That bill was recently renamed for Lewis. If McConnell really wants to honor him, writes Derek Rosenfeld, the majority leader will bring it up for a vote and get it passed. // Read More
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Bribery Charges in Ohio Illuminate the Dangers of Dark Money
The speaker of the Ohio House of Representatives was kicked out of his role last week after being arrested by the FBI on bribery charges. Larry Householder stands accused of taking bribes and turning them into dark money. Dark money makes tracing what’s going on in elections nearly impossible for voters, and the loopholes allowing it should be ended for the good of our democracy, writes Brennan Center Fellow Ciara Torres-Spelliscy. // Read More
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When Political Conventions Go Virtual, What Happens to the TV Coverage?
A week before the opening of the Democratic National Convention, the first virtual political convention in history, the identity of the vice presidential nominee is not the only mystery hovering over the disembodied proceedings. Almost as important is how much coverage the still influential broadcast TV networks will devote to this and the Republican convention later this month. Without anchor booths, delegates on the floor, and rapturous spectators in the galleries, will the restless network cameras become bored with Zoom boxes? “The pandemic may ultimately provide the excuse to end this tradition,” writes Brennan Center Fellow Walter Shapiro, who suggests some alternative ways that the TV networks could use the airtime to cover substantive issues in the election. // Read More
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Constitution
Ted Cruz’s Hearing on Anarchist Protest Violence Was a Total Farce
Sen. Ted Cruz led a Senate Judiciary Subcommittee hearing last week on anarchist violence. Brennan Center Fellow Michael German testified, noting that the “‘sensationalized’ focus on the far left has ‘distracted from focus on the deadly threats,’ posed by the far right.” Unfortunately, the hearing proved German’s statement, with speakers peddling misleading narratives about anarchists and anti-fascists. // Intercept
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Coming Up
VIRTUAL EVENT: This Is What Democracy Looks Like: The Movement for Voting Rights Restoration
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Thursday, August 13 | 6:00 p.m.–7:00 p.m. EDT
Criminal disenfranchisement laws strip voting rights from people with past convictions, excluding millions of Americans from participating in our democratic process. This event brings together advocates from California, Florida, Iowa, and Kentucky for a conversation about the recent developments around rights restoration in their states. RSVP Today
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News
Michael German on the feds’ aggressive tactics in Portland // The Atlantic
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Chisun Lee on superPACs and campaign finance reform // Forbes
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Sean Morales-Doyle on Trump’s comments on vote by mail in Florida // The Daily Beast
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Myrna Pérez on the importance of safe polling places // NPR
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Michael Waldman on the lawsuit to dissolve the NRA // MSNBC
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Wendy Weiser on voting by mail // Reason
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Jennifer Weiss-Wolf and 99 other influential women on why they're voting this year // Marie Claire
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Have an issue you'd like us to cover? Feedback on this newsletter? Email us at
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The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that works to reform, revitalize – and when necessary defend – our country’s systems of democracy and justice.
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