In the weeks before Election Day, the Supreme Court weighed in on more than a dozen cases in a way that many portrayed as a mixed bag for voting rights — allowing voting expansions to stand in some cases and sharply curtailing them in others. But in all of the cases, regardless of whether the Trump campaign won or lost, the justices dramatically rolled back Americans’ voting rights in ways that could do permanent harm unless Congress steps in. Wendy Weiser and Daniel Weiner walk through the damage and how, by passing H.R. 1, Congress can take the lead. // Politico

Black patriotism is an expression of national praise and chastening drawn from the same well. “It cannot know only uncritical adoration because history and lived experience remind us the nation has often been too cruel, and it cannot be only sharp tongues and elbows because our work and faith have had a hand in America’s existence and evolution,” writes Theodore Johnson in a powerful new piece. “Black patriotism does not ask if America is irredeemably racist — it asks if America is interested in redemption.” // New York Times Magazine

On November 12, Justice Samuel Alito gave a controversial speech to the Federalist Society, an influential conservative legal group with close ties to the judiciary. It was an unusually political speech for a justice at a time of growing scrutiny about the Supreme Court’s public legitimacy. Bemoaning what he characterized as growing threats to free speech and religious liberty, Alito took aim at same-sex marriage, abortion rights, and restrctions imposed to prevent the spread of Covid-19. The speech drew widespread criticism from legal scholars, advocacy groups, and senators, who suggested that Alito exercised poor judgment and may have crossed ethical lines. As Janna Adelstein points out, the episode highlights the fact that members of the Supreme Court are the only judges in America who don’t have to adhere to a code of ethics. // Read More

Breonna Taylor, George Floyd, and Ahmaud Arbery are a few of the recent victims of the criminal justice system’s failure to honor human life — especially the lives of Black Americans. While much of the demand for systemic change focuses on the police, it’s important to also look at the immense power that prosecutors wield. In prosecution, the metrics of success often end up reflecting numbers such as convictions and sentence length — factors that do not reflect a community’s health and wellbeing. That’s why a team of researchers created the Prosecutorial Performance Indicators, which assess prosecutorial progress toward achieving broad goals including community safety, wellbeing, fairness, and justice.

“If we are serious about transforming the criminal justice system ... using old habits and metrics of success aren’t going to cut it,” writes Melba Pearson, director of policy and programs at the Center for the Administration of Justice at Florida International University and member of the Law Enforcement Leaders project. // Read More

• Theodore Johnson on overcoming threats to democracy // Politico
• Lawrence Norden on threats to election officials // Frontline
• Myrna Pérez on the importance of conceding // NPR
• Michael Waldman on Trump’s amateurish legal strategy // Politico
• Wendy Weiser on Trump’s Michigan election ploy // Yahoo News
• Daniel Weiner on how Trump’s efforts to flip election results are a form of voter suppression // ABC News
• Thomas Wolf on the challenges with the 2020 Census // WhoWhatWhy