Your weekly source for analysis and insight from experts at the Brennan Center for Justice
([link removed])
The Briefing
Donald Trump is ending his presidential term
([link removed])
as he began it: with disdain for the institutions of American democracy.
He started with an inaugural address that did not mention the Constitution. He is finishing by refusing to abide by the core democratic principle of a peaceful transfer of power and respect for the will of the voters.
From the Muslim travel ban in the first days of his term, to his refusal to comply with any lawful congressional oversight, to his abuse of emergency powers, to the enrichment of his family, to his interference with law enforcement, to his use of federal forces in Lafayette Square against peaceful protesters for racial justice, he has abused the power of the presidency. The checks and balances held, but barely.
He used the presidential pulpit to incite bigotry and racial division. That too will be a legacy that the country must work to overcome.
In recent weeks, and especially since voters cast their ballots against him, he has waged an outrageous attack on free and fair elections, the heart of American democracy. His lies about the vote will undermine trust in our system of self-government for years to come, if we let it.
Throughout American history, abuse is often, but not always, followed by reform. In the coming year, both parties should prioritize restoring the rule of law and strengthening checks and balances. Trump’s sloppiness and incompetence saved us. Next time the country may not be so lucky.
Democracy
Supreme Court Considers Trump’s Bid to Exclude Undocumented Immigrants from Census
Yesterday, the Supreme Court heard arguments on Trump’s attempt to exclude undocumented residents when deciding the size of each state’s congressional delegation. His plan violates the Constitution, which requires that apportionment of the House be based on “the whole number of persons in each state.” Multiple lower courts have ruled against Trump in the case. “From the framing to the Reconstruction to 230 years of congressional practice, they all show that the answer to this is very simple: all people count,” says Thomas Wolf. // Washington Post
([link removed])
How Trump’s Delay Tactics Threaten Democracy
Even though the official presidential transition has begun, Trump has yet to formally concede. He is still aiming to block certain states from certifying results, all while continuing to make unsubstantiated claims that there was extensive voter fraud. Max Feldman spoke with Tim Lau to explain the rationale behind these lawsuits, how they reinforce racialized voter suppression, and what it all means for American democracy. “It underscores the need for democracy reform, especially in terms of the legal rules that govern how our democracy operates,” says Feldman. // Read More
([link removed])
How Voter ID Laws Threaten Transgender Voters
Over the past 15 years, a number of states have adopted strict voter ID laws that do not offer an alternative option for voters who cannot obtain an ID. These voter ID laws present unique and significant challenges to transgender and nonbinary voters who do not have a form of identification that matches their gender identity. “Transgender and nonbinary Americans deserve to have their voices heard without undue burdens, costs, and barriers,” write Stuart Baum, Mikael Morelión, and Izabela Tringali. // Read More
([link removed])
Dark Money in the 2020 Election
There was $100 million in dark money reported to the Federal Election Commission this year, but this figure likely underreports the true amount of untraceable campaign spending by over 600 percent, writes Brennan Center Fellow Ciara Torres-Spelliscy. She breaks down the spending of what she calls “black hole money” and explains why two actions by the Trump administration will likely make the problem even worse in the coming years. // Read More
([link removed])
News
Michael German on Trump’s dangerous rhetoric appealing to extremist militias // Guardian
([link removed])
Lawrence Norden on Trump’s election lawsuits // Wired
([link removed])
Gowri Ramachandran on how officials ran a smooth election // Governing
([link removed])
Hernandez Stroud and Daniel Weiner on Congress’s power to override the Supreme Court // Intercept
([link removed])
Jennifer Weiss-Wolf on the significance of a second gentleman // NPR
([link removed])
Have an issue you'd like us to cover? Feedback on this newsletter? Email us at
[email protected]
([link removed])
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
120 Broadway, Suite 1750
New York, NY 10271
T 646 292 8310
F 212 463 7308
[email protected]
Want to change how you receive these emails?
You can update your preferences
[link removed]
Want to stop receiving these emails?
Click here to unsubscribe
[link removed]
([link removed])
([link removed])
([link removed])
([link removed])
