Your weekly source for analysis and insight from experts at the Brennan Center for Justice
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The Briefing
The For the People Act has big goals: to protect voting rights, establish automatic voter registration, prohibit extreme gerrymandering, and curb the role of big money in politics. The bill has passed the House, has been introduced in the Senate as S.1, and is very popular with the American public. Nonetheless, at this very moment, some pundits are urging Democrats to strip the bill of some key provisions. It’s a bad idea, as I argue in this Washington Post op-ed
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Keeping the measure strong is the best way to boost its chances of becoming law.
If enacted, the For the People Act would be the most significant democracy reform in decades, the next great civil rights bill. There’s no denying it faces legislative challenges. Republicans are preparing to filibuster, with Sen. Ted Cruz calling it “an all-hands moment.” Meanwhile, Democrats, realizing the bill may pass, are poring over the fine print again. This is the moment when supporters get jittery.
In response to this predictable give-and-take, some commentators have suggested dropping campaign finance, redistricting, or ethics reform from the For the People Act or splitting the big, ambitious bill into smaller ones. This may seem like savvy advice for passing the legislation, but it doesn’t actually make sense.
The For the People Act’s power lies in its grand aims. Think about the recent Covid bill: Democrats did not negotiate with themselves. They passed a strong, momentous rescue plan with sky-high popularity and proved that ambitious policy can produce winning politics.
The need for broad democracy reform is urgent: In 2021 alone, Republican state legislators in 47 states have introduced 361 bills that make it harder to vote
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That’s 108 more than the 253 restrictive bills we previously tallied in February — a 43 percent increase in little over a month. Five have already been signed into law, and at least 29 bills have passed one house of a state legislature. The For the People Act could stop these dangerous bills in their tracks.
The clock is ticking on other democracy crises as well. The redistricting process beginning later this year comes with a high risk of racial and partisan gerrymandering in many states, a risk that the For the People Act would greatly diminish. And a decade after Citizens United, big money has come to dominate politics. In the last election, $14 billion was spent, double the last presidential cycle. None of these reforms can wait.
It’s worth noting that jettisoning campaign finance or redistricting reform still does not produce 60 votes for the legislation. (Indeed, Sen. Joe Manchin, a vital swing vote, has urged inclusion of measures to disclose dark money, for example.) A leaked audio tape of a Koch brothers network strategy call confirmed that the measure is popular, even with Republicans.
The For the People Act draws much of its political strength precisely from the fact that it includes voting rights and redistricting reform and campaign finance changes. The path to passage lies with this broad drive for reform and the widespread support that comes with it.
Democracy
From Biden, a Judiciary that Looks More Like America
The Biden administration’s first slate of judicial nominees is diverse in identity and profession — out of the 11 nominees, 9 are women, and notably, 4 are former public defenders. Instead of rewarding former prosecutors or corporate attorneys for past partisan service, Biden is prioritizing judges who have seen the justice system from a perspective no corporate attorney has seen, and have experienced it in ways prosecutors cannot imagine. “That ultimately brings a desperately needed diversity of thought to judging,” writes Brennan Center Fellow Andrew Cohen. // Read More
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Changing Tides on Gun Laws
For more than a quarter century — through Columbine, Sandy Hook, Las Vegas, and now Atlanta and Boulder — the bulk of American voters have wanted tougher gun laws. It’s hard to think of any other issue on which majority rights have been thwarted for so long by the unyielding opposition of a single political party. What explains the GOP’s transformation into the party of lock-and-load Second Amendment fundamentalism? The glib explanation has always been the NRA, but as Brennan Center Fellow Walter Shapiro writes, it’s not the force it used to be — and the tide could be turning. // Read More
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Justice
Don’t Let de Blasio’s Policing Reform Plan Weaken Accountability Measures
Last month, the New York City Council passed a number of policing reform bills. The proposals include a plan to merge the three agencies tasked with oversight of the NYPD: the Civilian Complaint Review Board, the NYPD Inspector General, and the Commission to Combat Police Corruption. But the plan does not explain how consolidating agencies with drastically different track records, budgets, and independence will do anything other than dilute the effectiveness of all three under the guise of reforming them. “The mayor’s ongoing inability to stand up to the police department and hold it accountable makes it increasingly unlikely that this consolidation would do more than ensure the NYPD can obstruct all oversight,” writes Ángel Díaz. // Read More
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Coming Up
VIRTUAL EVENT: Democracy in an Age of Mistrust: A Conversation with Ethan Zuckerman and Omar Wasow
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Thursday, April 8 | 12:00 p.m.–12:45 p.m. ET
Americans and citizens of democracies worldwide are losing confidence in their institutions. How should we engage in public life when neither protests nor elections bring about lasting change? In Mistrust: Why Losing Faith in Institutions Provides the Tools to Transform Them
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, author Ethan Zuckerman explores how Americans can use their skepticism to resurrect, reform, or outright replace the institutions that no longer serve them. In conversation with Princeton political scientist Omar Wasow, he will offer a guide for new ways to participate in civic life. RSVP today
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This event is produced in partnership with New York University’s John Brademas Center.
VIRTUAL EVENT: Supreme Injustice: How a Conservative Court Will Reshape America
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Thursday, April 22 | 12:00 p.m.–12:45 p.m. ET
Donald Trump’s legacy will live on for decades through the three justices he appointed to the Supreme Court. How will these justices use their power? In his new book, The Agenda: How a Republican Supreme Court Is Reshaping America
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, Ian Millhiser, a lawyer, senior Vox correspondent, and former federal appellate court clerk presents an unflinching view of an increasingly partisan court. In conversation with the New Republic’s Osita Nwanevu, Millhiser will discuss how the Court will shape the nature of American government. RSVP today
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This event is produced in partnership with New York University’s John Brademas Center.
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News
Faiza Patel on the dangers of public safety apps like Nextdoor and Citizen // Rewire
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Ian Vandewalker on the public financing provisions in the For the People Act // Sludge
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Michael Waldman on restrictive voting bills // MSNBC
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Daniel I. Weiner on misinformation about the For the People Act // FactCheck
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Wendy Weiser on Georgia’s racist voter suppression bill // The Hill
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Jennifer Weiss-Wolf on corporations denouncing voter suppression // NBC News
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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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