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

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The Briefing

Last week, Gov. Ron DeSantis proposed a slate of laws that would make it harder to vote by mail in Florida. He did so even though Floridians cast a record number of mail ballots in 2020, and even after touting that the state had “held the smoothest, most successful election of any state in the country.” The governor’s restrictive measures include plans to limit the use of secure ballot drop boxes and require voters to request a mail-in ballot every election year.

“They seem to be addressing a problem that isn’t there,” Eliza Sweren-Becker told NBC News

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It’s shameful. And unfortunately, common. DeSantis is just one of the many state politicians participating in the anti-voting trends we’re seeing across the country

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In 2020, almost 160 million Americans voted, with the highest turnout rate in 120 years. Forty-six percent of those voters cast their ballots by mail. Now, in response, legislators in 33 states are responding by peddling the Big Lie of voter fraud and trying to make voting harder. Nearly half

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of the restrictive bills introduced this year seek to limit mail voting.

There is a fix: Congress must pass the For the People Act, which would expand access to voting by mail for federal elections

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. The bill requires states to allow any eligible voter to vote by mail in federal elections and allows voters to request mail-in ballots online or by phone. Further, it would prohibit states from requiring voters casting a ballot by mail to provide identification aside from a signature.

The For the People Act also includes good ballot security measures and provisions that would help ensure voters are notified of issues with their ballots. Finally, the legislation would require states to begin processing mail-in ballots at least 14 days before an election, establish tracking programs, and more.

Here’s some good news: It was announced

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yesterday that every House Democrat has signed on to the bill, which is designated H.R. 1 in the House. It will be considered on the floor next week. Congress is rightfully moving quickly — our democracy urgently needs the bold, transformative reform the For the People Act promises as voting rights continue to be under assault across the country.

Democracy

Supreme Court Ducks an Opportunity on Trump Emoluments Cases

In January, the Supreme Court dismissed two cases about Donald Trump’s alleged violations of the Emoluments Clauses, which are the Constitution’s guardrails against presidential corruption. In doing so, the Court forfeited a golden opportunity to clarify just what these mandates mean for future presidents. And, writes Brennan Center Fellow Ciara Torres-Spelliscy, its refusal to rule one way or another may encourage another president to brazenly leverage his or her power for profit. // Read More

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How to Coup-Proof America

“We need to fix voting rights and election systems in 2021,” writes Brennan Center Fellow Andrew Cohen, “because things will likely only get worse in 2022.” How to do it: enact the For the People Act and John Lewis Voting Rights Advancement Act, which will both help insulate the nation from the sort of shady tactics that marked the run-up to the November election and the baseless conspiracy theories that emerged in the wake of the vote. // Read More

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Justice

Poverty and Mass Incarceration in New York

Despite efforts to shrink it, New York’s prison infrastructure is one of the largest in the country, with more than 40,000 people behind bars and another 337,000 who have spent time in prison at some point in their lives. This creates enormous, lasting consequences for impacted individuals, families, and communities. Time spent in prison can reduce a person’s lifetime earning potential by half a million dollars. In New York State alone, imprisonment translates to nearly $2 billion annually in reduced earnings, overwhelmingly extracted from Black and Latino communities. In a new report, Ames Grawert, Cameron Kimble, and Jackie Fielding break down the economic ramifications of mass incarceration in New York and explore potential reforms. // Read More

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Constitution

Facebook Oversight Board’s First Decisions Show Rules Are a Mess

In deciding its first cases, the Facebook Oversight Board overturned five out of six of the company’s decisions to remove content. Many of the issues raised by the board reflect long-standing criticisms about Facebook’s content-moderation scheme, including the company’s use of automated removal systems, its vague rules and unclear explanations of its decisions, and the need for proportionate enforcement. Facebook’s inability to enact a clear, consistent, and transparent content-moderation policy may well lead the board to overturn Facebook’s decision to bar Trump from the platform, write Laura Hecht-Felella and Faiza Patel. // Just Security

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Coming Up

VIRTUAL EVENT: Behind the Bench: The Treatment and Selection of Law Clerks

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Thursday, March 4 & Friday, March 5 | 1:00 p.m.–2:15 p.m. ET

The judiciary isn’t only a legal institution — it’s an employer, and clerkships are often a pipeline to leadership positions in the law. Two panels will look at issues related to diversity, equity, and inclusion in the courts. On Thursday, March 4, a panel will address sexual and other forms of harassment in the judiciary, and on Friday, March 5, a panel will discuss diversity and law clerk hiring. RSVP for Day 1

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and Day 2

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Each event day (March 4 and 5) has been approved for New York State CLE credits. For questions email [email protected]

This event is co-sponsored by the National Women’s Law Center, the NYU Law Review, the American Constitution Society at NYU LAW, Latinx Law Students Association at NYU Law, and the Black Allied Law Students Association.

News

Michael German on the FBI’s use of drug prosecutions to recruit informants // Intercept

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Ames Grawert on why New York needs parole reform // NY Daily News

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Michael Li on the upcoming redistricting cycle // NBC News

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Taryn Merkl on law enforcement and the insurrection // ABC News

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Faiza Patel on why violent extremists shouldn’t be designated as domestic terrorists // ABC News

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Myrna Pérez on proposed voting laws in state legislatures // Philadelphia Inquirer

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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.





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