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

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The Briefing

Across the country, state legislators are continuing their efforts to pass legislation that would, with uncanny precision, restrict the votes of voters of color, young voters, and poor voters. It’s a barely concealed effort to shrink the electorate by making it harder to vote. We’re being tested as a country — and businesses are stepping up.

There’s been unprecedented blowback from the business community in response to the nationwide wave of vote suppression.

Days after the Georgia bill became law, a powerful letter signed by 72 leading Black executives was published as a full-page ad in the New York Times. It broke through the noise and unleashed a torrent of attention and activity: Georgia-based companies Delta and Coca-Cola came down hard on leaders in their home state, and Major League Baseball pulled its All-Star Game out of Atlanta.

Now, business leaders nationwide are standing up for the right to vote. In Texas, American Airlines and Dell have pushed back against a pair of bills that would further restrict the vote in a state that is already a hotspot for voter suppression. A statement signed by 40 Arizona business leaders, including the owner of the Arizona Cardinals, asks state lawmakers to reject legislation that would allow excessive voter purges and widen voter ID laws.

New letters — signed by hundreds of CEOs, major law firms, and others — will be released. Numerous business networks continue to speak out and demand change, including the Time to Vote coalition, which the Brennan Center has long partnered with.

This level of intensity on the part of the private sector is unprecedented. There are several recent instances where corporations have countered dangerous, discriminatory state legislation — anti-LGBTQ bills and abortion restrictions, for example — but never has there been a movement among businesses to oppose voter suppression. As Jennifer Weiss-Wolf told NBC News

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, it is a vital move — a chance to put their “money where their mouth is” — for those companies that stepped up to make voting easier during the pandemic and spoke out for racial justice last summer.

We need businesses to continue to boldly step up and speak out. And we need the Senate to pass the For the People Act. It’s the most significant and effective answer to these dangerous voting restrictions. We can’t just play defense here — Congress must set national standards that would not only counteract states’ voter suppression, but make it easier for all eligible citizens to vote.

Justice

New Series: The Era of Punitive Excess

It’s clear that America can’t shrink its reliance on mass incarceration until we confront our approach to punishment. Today the Brennan Center launched a new series of expert essays that over the next several months will examine the past and present of extreme criminal punishment. They also offer ideas for a more just future. Addressing a range of issues — from policing to prosecution to incarceration to life after prison — the writers highlight how our nation has prioritized punishment over more supportive and less traumatic ways of dealing with social harm, especially for communities of color. // Read More

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In the introductory essay, Jeremy Travis of Arnold Ventures and Prof. Bruce Western of Columbia University define the vast scope of the problem and what is needed to address it. “A clear-eyed realization of how far the country has strayed from the path of true justice requires more than system reform,” they write. “This history compels the conclusion that we face a democracy deficit.” // Read More

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What is Congress Going to Do About the Bureau of Prisons?

On Thursday, the head of the Bureau of Prisons will testify before the Senate Judiciary Committee for the first time since he got the job over a year ago. Director Michael Carvajal has a lot to answer for, from inadequate Covid-19 measures to solitary confinement. It’s crucial that senators spend less time making speeches and more time pressing Carvajal for specific answers so they can fulfill their oversight role, writes Brennan Center Fellow Andrew Cohen. // Read More

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Democracy

Protecting American Democracy Is No Crime

In the last year, election officials have been heralded for their courage and commitment in carrying a logistically challenging election. But more ominously, they have also become the targets of thousands of false accusations, protests at their workplaces, and even harassment and threats. Such mistreatment is now taking a new and more sinister form: legislation in several states proposes to strip election officials of their power to act on behalf of voters. Some bills would even criminalize various actions they might take in the course of performing their duties. “These bills add the danger of arrest and prosecution to already challenging working conditions,” writes Lawrence Norden. “They should be beaten back by all who are committed to preserving American democracy.” // Foreign Affairs

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The Box Score on Voting Rights

Some have criticized Major League Baseball’s pulling the All-Star Game from Georgia. They argue that it is easier to vote in the Peach State than in Colorado, the game’s new site, or in New York, the home of MLB headquarters. But the comparison to New York is misguided, and the comparison to Colorado is downright absurd. “Colorado is widely seen as a leader among states in expanding access to democracy,” writes Sean Morales-Doyle, adding that “Georgia and New York are heading in opposite directions.” // Read More

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Arizona Lawmakers Aim to Nullify Democracy

Last week, the Arizona Legislature passed a resolution decrying the sensible federal reforms in the For the People Act. This over-the-top resolution goes hand in hand with Republican state lawmakers’ attempts to enact new voter suppression laws that the For the People Act would combat. Other troublesome bills have been introduced in Arizona, including one that would allow officials to purge people from the early voting list if they do not vote in both the primary and general election in two consecutive election cycles. Another would establish burdensome ID requirements for mail voters. “As in other states driving voter suppression, there are no good justifications for these Arizona bills,” writes Eliza Sweren-Becker. // Read More

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Coming Up

VIRTUAL EVENT: Tax the Rich: How to Tackle Wealth Inequality in America

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Wednesday, April 21 | 12:00 p.m.–12:45 p.m. ET

It’s a period of historic inequality in the United States — and the wealthiest Americans have taken steps that will worsen the trend. In their new book, Tax the Rich! How Lies, Loopholes, and Lobbyists Make the Rich Even Richer

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, Morris Pearl and Erica Payne of the Patriotic Millionaires explain how the tax code has been structured to exacerbate both economic and political inequality. They’ll be joined by the Roosevelt Institute’s Kyle Strickland to discuss how the tax code harms working people, how reforms can create a fairer economy, and the implications for American democracy. RSVP today

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This event is produced in partnership with the Roosevelt Institute.

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, 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.

Want to keep up with Brennan Center events? Subscribe to the events newsletter.

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News

Michael German on a Justice Department report that falsely equates the threats of left and right-wing extreme terrorism // Daily Beast

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Michael Li on how the Supreme Court’s 2013 Shelby County v. Holder decision will affect the upcoming redistricting // Georgia Recorder

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Lawrence Norden on state laws criminalizing election officials’ work // CNN

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Yurij Rudensky on partisan gerrymandering // Peacock

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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

120 Broadway, Suite 1750

New York, NY 10271

T 646 292 8310

F 212 463 7308

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