Your weekly source for analysis and insight from experts at the Brennan Center for Justice

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The Briefing

The Briefing will be on hiatus for the next two weeks. See you after Labor Day!

What an extraordinary rebuke to American democracy. Donald Trump’s bid to undermine the vote reached a new low this week with changes at the U.S. Postal Service that could make it impossible for millions to have their ballots counted in November. The postmaster general just announced he would suspend these moves. Congressional hearings and a House vote still are planned, with twists and turns to come. For weeks, claims that Trump was sabotaging the USPS were derided as unfounded. Then, as I noted on CBS

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, Trump bragged of his scheme. (That settles that.)

Yes, the fight for democracy is more intense than ever. But how can we be sure we can vote, safely and with confidence, and have our votes count?

The key, above all, is to try to vote early. For many, that means absentee (which is the same thing as vote by mail), sometimes for the first time. And for many, that means in person — in polling places that are safe and secure.

Last week, we partnered with the Infectious Disease Society of America to release Guidelines for Healthy In-Person Voting

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. This report draws from the Brennan Center’s expertise in election administration and the independent, interdisciplinary knowledge of an organization that includes some 12,000 infectious disease experts. With the right policies, planning, and practices, in-person voting can be a healthy option for many voters.

Even with functioning vote by mail and ample in person options, there could still be more changes and confusion close to the election. On MSNBC this weekend, Myrna Pérez noted the risk of last-minute changes could make it difficult for voters to know basic details

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, even as simple as their polling site location.

It’s going to be a long 77 days until the election. The fight for democracy is at the center of public attention. Let’s make sure it stays at the center of our politics.

Constitution

Rewriting the Limits of Presidential Powers

Presidential Emergency Action Documents, known as PEADs, are a set of secret presidential orders drafted to anticipate future crises. Not even Congress has access to them. “In the past, these documents have purported to do things that are not permitted by the Constitution — things like martial law and the suspension of habeas corpus, and the round up and detention of people not suspected of any crime,” Elizabeth Goitein told Ted Koppel. As they undergo a periodic revision by the Department of Justice, “we have to imagine what the Trump administration might be doing with these documents and what authorities this administration might be trying to give itself.” // CBS Sunday Morning

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Democracy

How to Protect the 2020 Election Inside and Outside of Polling Places

When the Russian government interfered in the 2016 election, Black voters were heavily targeted. Operatives linked to the Russian government created social media accounts that focused on “issues of sensitivity to the African-American community” and promoted items that expressly featured “voter suppressive content” with the goal of discouraging Black voters. Lawrence Norden and Gowri Ramachandran write that we can expect that Black voters will be targeted again this year, but the attacks may look different. // State of Black America

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The 19th Amendment at 100

Today marks the 100th anniversary of the ratification of the 19th Amendment. For a long time textbooks would say women were granted the vote. Nonsense: they fought for it. “The 19th Amendment was revolutionary, and it dramatically altered the shape of our electorate. But its legacy, and its history, have been mythologized and obfuscated,” writes Alex Cohen. “For one, the 19th Amendment, like so many parts of our Constitution, initially failed to live up to its promise,” especially for Black women still barred from voting. // Read More

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Justice

True-Blue Progressives vs. the Homeless

New York City’s Department of Homeless Services has partnered with 63 hotels across the city to provide a safe living space for thousands of housing unstable New Yorkers. In a city where homeless people have died from Covid-19 at a rate 61 percent higher than the overall city rate, this is a lifesaving partnership. But on Manhattan’s Upper West Side, a Facebook group and separate petition have gained traction, with over 10,000 against the “registered sex offenders and drug use in our community.” Lauren-Brooke Eisen writes, “Instead of helping both protect public health and break the cycle of poverty that becomes intractable without a safe place to sleep at night, they organize to protect their privilege.” // NY Daily News

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Coming Up

VIRTUAL EVENT: Historian Anne Applebaum on the ‘Seductive Lure of Authoritarianism’

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Monday, August 24 | 12:00 p.m.–1:00 p.m. EDT

Democratic institutions have begun to deteriorate in the United States and around the globe, while authoritarian movements continue to gain traction. In her new book, Twilight of Democracy, Anne Applebaum focuses on the cultural and media elite who enable autocracy. RSVP Today

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VIRTUAL EVENT: Could Montana Gain a Second Congressional Seat?: Redistricting After the 2020 Census

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Thursday, August 20 | 7:00 p.m.–8:30 p.m. MDT

With over 1 million people and growing, Montana’s single House district is the biggest congressional district in the country. But the 2020 Census may spell change for that state’s national representation. How likely is it that it will gain an additional seat? And what would this mean for Montana’s future? RSVP Today

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News

Ángel Díaz on TikTok and data privacy // Intercept

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Theodore Johnson on Black voters and Kamala Harris // New York Times

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Hannah Klain on how to hold healthy in-person voting // Real Clear Politics

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Lawrence Norden on the demand for voting by mail // USA Today

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Harsha Panduranga on Trump’s attempts to place restrictions on Americans with coronavirus returning to the country // AFAR Magazine

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Myrna Pérez on safe in-person voting and poll workers // Mother Jones

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Wendy Weiser on the desperate need for election funding // CNN

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Have an issue you'd like us to cover? Feedback on this newsletter? Email us at [email protected]

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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.

Brennan Center for Justice at NYU School of Law

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