Your weekly source for analysis and insight from experts at the Brennan Center for Justice
The Briefing
One year ago today, Minneapolis police officer Derek Chauvin murdered George Floyd. The movement for racial justice that erupted nationwide in the days that followed, which continued, has been long overdue and vitally needed.
Together with the losses of Breonna Taylor, Ahmaud Arbery, and too many others, George Floyd’s death catalyzed one of the most compelling social movements in our history.
What has all this produced? The police officer was convicted; that is all too rare. But change must go far deeper. Something is profoundly broken in the relationship between law enforcement and the communities it is sworn to serve. A poll released by Axios over the weekend showed that just “four out of 10 [Black respondents] said they have favorable views of police and law enforcement, while 57% said they have unfavorable views” — views starkly different from those expressed by white, Latino, or Asian Americans in the poll.
There has been some progress. Cities and states have begun to better oversee law enforcement and prevent police abuse, according to a new resource from my colleagues Ram Subramanian and Leily Arzy. Twenty-five states and Washington, DC, have curbed use of force, required intervention by fellow officers, or stripped abusive officers of their ability to work in law enforcement. Nationally, the George Floyd Justice in Policing Act (JPA) passed the House and awaits action in the Senate.
But change must reach deeper than criminal justice reform. After a year in which the pandemic hit Black Americans hardest, when soaring gun violence hit Black communities hardest, when the inequities of our economic system, generation after generation, lock too many Black Americans out of the chance for advancement, we must set our sights high. And after a year in which a movement for justice awakened our country to the stubborn fact of systemic racism, and a Black woman was elected vice president by an electoral coalition led by people of color, we are reminded of the ways our country at its best can turn pain into purpose. A Third Reconstruction, as Rev. William Barber notes, requires society-wide action and an assertion of federal power.
Reflecting on Floyd’s murder, Chauvin’s conviction, and the slowing momentum for policing reform one year later, my colleague Ted Johnson raises an unsettling point:
The lack of action and increasingly divisive political rhetoric coupled with the nation’s history of excusing infringements on Black Americans’ rights led many Americans to question whether Chauvin would be held accountable or permitted to walk free. One of the most common descriptions of the emotion felt upon Chauvin’s conviction was “relief.” This is an ominous sign; people who have confidence in their systems of justice do not feel relief when it works properly. Concern that the system would fail spectacularly and further erode public trust signals a recognition that the nation continues to fall short of its professed values.
Once again we reaffirm: “Black lives matter.” Today no doubt we will hear calls for a more equal and just America. But as Johnson reminds us all, “it’s what happens after the day of memorial that determines the character of our country.”

 

Democracy
Lawmakers Are Targeting the Courts that Could Shoot Down Voter Suppression Laws
State legislators increasingly are focusing not just on how people vote, but on how the votes are counted and who certifies a winner. A new Brennan Center analysis identified at least 93 bills in 26 states introduced this year that threaten judicial independence by limiting courts’ power or injecting more politics into state judiciaries. These include measures that specifically target election-related cases. “It’s a dangerous trend that leaves voting rights at risk and undermines a critical check against abuses of power during our elections,” write Alicia Bannon and Patrick Berry. // Read More

 

Justice
Treating All Kids as Kids
America’s mistreatment of Black children is chronic and casual, and virtually every system that touches Black children treats them more harshly than white children. And arguably, the most severe harm occurs in the criminal justice system, writes Kim Taylor-Thompson, professor of clinical law emerita at NYU School of Law, in the latest essay in the Brennan Center’s Punitive Excess series. “Breaking this racism habit requires us to prohibit the prosecution of anyone under 21 in the adult criminal system,” says Taylor-Thompson. // Read More

 

Constitution
Ending the Misuse of Immigration Data Needs a Permanent Fix
The Trump administration took data meant for finding safe homes for immigrant children and used it to deport people. In March, the Biden administration announced it would put an end to the policy. “The Biden administration deserves praise for taking a step toward a more humane family reunification process by ending future data sharing between HHS and DHS. But it must go further,” writes Jesus Rodriguez. “For the Biden administration to fully follow through on its commitment, DHS should scrub data to prevent a future president from using it for deportations.” // Read More

 

Coming Up
  • Monday, June 7 // 12:00 p.m.–12:45 p.m. ET
    In his new memoir, After the Fall: Being American in the World We’ve Made, Ben Rhodes, deputy national security advisor under President Obama, shares insights from politicians, activists, and dissidents around the world who have been on the frontlines of the fight against authoritarianism and ethnonationalism. While clear-eyed about how the United States has contributed to these global trends, he offers a vision of how the country can usher in a brighter future. RSVP today.
    This event is produced in partnership with New York University’s John Brademas Center.
  • Wednesdays, April 28–May 26 // 5:00 p.m.–6:30 p.m. ET
    This series of virtual forums sponsored by the public television station WNET will gather thought leaders to discuss the impact of white supremacy and state-backed racism on America today. Examining systemic racism in relation to voting rights, artificial intelligence and genetic data, journalism, antiracism, and cultural narrative, the events will focus on strategies and solidarity, with an understanding of history and eyes toward the future. Learn more.
    This event is produced in partnership with The WNET Group, parent to America’s flagship PBS station.
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News
  • Elizabeth Howard on the dubious nature of the Arizona Senate’s so-called “audit” of the November election results // CNN
  • Rachel Levinson-Waldman on the U.S. Postal Inspection Service’s covert social media monitoring efforts // Yahoo News
  • Michael Li on how gerrymandering can dilute the voting power of people of color // Bloomberg
  • Ram Subramanian on the state of policing reforms // San Diego Union-Tribune
  • Michael Waldman on the increasing number of bills that aim to restrict courts’ ability to protect voting rights // CNN