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

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The Briefing

In an op-ed on Sunday, Sen. Joe Manchin of West Virginia made it clear he will vote against S. 1

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, the For the People Act. His reasoning was two-fold: he believes the bill, which passed the House in March, is “partisan.” And he believes that the John Lewis Voting Rights Advancement Act (VRAA) is the better bill to protect voting rights in the United States.

He’s wrong in the first instance and only partially correct in the second. Let me take the second part first.

Manchin is correct that the VRAA is vitally important legislation. It would restore the full protections of the Voting Rights Act of 1965, whose most powerful provisions the Supreme Court gutted in its infamous Shelby County v. Holder decision in 2013. If passed, the VRAA would once again make certain jurisdictions — primarily in the South but also in states like New York — get permission from the Justice Department or federal courts before changing their voting rules. Between 1998 and 2013, the law blocked 87 jurisdictions from changing their voting rules in a discriminatory manner through this process, known as “preclearance.” In other words, it did its job well.

The problem, however, is that the VRAA only blocks jurisdictions from changing voting rules before they go into effect. But, as our new report revealed

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, 14 states have already enacted 22 laws this year that restrict people’s access to the ballot box. It’s almost certain that recent discriminatory laws passed in Arizona, Florida, and Georgia would have never made it past preclearance.

And we can expect more of this. Sixty-one bills with restrictive provisions are currently moving through 18 state legislatures. One Arizona bill could turn common signature mismatches on mail ballots into potential criminal cases

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It’s a less-than-subtle form of voter intimidation.

Many, if not all, of these laws will be challenged in court. But there’s the rub. Lawsuits cost a lot of time and money. They can also take years to wind through the courts, meaning voters will be harmed without any certainty of their rights being restored. One strict voter ID law in Texas was on the books for hundreds of elections before litigation forced state legislators to change it.

So while it’s essential to protecting voting rights in the future, the VRAA doesn’t meet the moment we’re facing as Republican-controlled state legislatures try to disfigure our democracy through widespread voter suppression measures. Only the For the People Act can do that, because not only would it create a national baseline for voting rights and access, it would roll back or block many of these discriminatory laws.

For instance, as our resource shows

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, many states are trying to limit who can vote by mail. The For the People Act requires national no-excuse voting by mail. Some state legislators want to eliminate or limit early voting. The For the People Act requires a minimum of 14 consecutive days of early voting.

It’s also important to stress that voting reforms like mail voting and early voting were popular and bipartisan before Trump’s Big Lie of a stolen election became a litmus test for who is and isn’t a Republican. Manchin is right to be concerned about partisanship in a deeply divided nation. But the torrent of state voter suppression legislation — all condoned by the national GOP — should be the focus of his ire.

Recent events on the Hill also up the stakes. House Speaker Nancy Pelosi made clear that the VRAA would not even be ready to move legislatively until the fall. And Senate Minority Leader Mitch McConnell today made clear he will oppose that bill — thus dispelling the fantasy that it would glide to bipartisan passage.

We agree with Manchin when he writes that “American democracy is something special.” But if he wants to preserve it in the near term and far into the future, then the only thing to do is vote for the For the People Act now and the VRAA when it's ready. You can’t have one without the other if you’re serious about protecting our democracy from those who seek to destroy it.

The freedom to vote for millions of Americans rests on Sen. Manchin’s shoulders. There is no alternative to S.1 to save our democracy.

Fellows

Finding the Solidarity that Can Save Us

“Racism is an existential threat to America.” That’s the opening argument of Theodore R. Johnson’s new book, When the Stars Begin to Fall: Overcoming Racism and Renewing the Promise of America, released today by Atlantic Monthly Press. Throughout the book, Johnson reckons with the legacy and persistence of racism in the United States — and outlines a path toward a multiracial national solidarity. The book integrates personal narrative, rigorous historical and political analysis, and theories from sociology and political philosophy to make a compelling and aspirational case for a better America. // Read More

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Democracy

How the Supreme Court Tilted Election Law to Favor the GOP

The Constitution, in the view of the current Supreme Court court, allows lawmakers to draw gerrymandered districts to keep themselves in power. The Court’s redistricting decisions could be enough to shift control in the House next year. “The Supreme Court has given a green light to aggressive partisan gerrymandering,” says Michael Li. “It is almost certainly enough seats in those states alone for Republicans to win back the House.” // Los Angeles Times

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Justice

The Federal Funding that Fuels Mass Incarceration

For more than half a century, federal dollars have incentivized and rewarded disproportionately punitive responses to crime. Washington still spends billions of dollars each year subsidizing state and local criminal justice agencies, writes Lauren-Brooke Eisen in the latest essay in the Brennan Center’s Punitive Excess series

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“There is an emerging recognition that federal dollars have helped deepen today’s devastating fissures between police and the communities they purport to serve, perpetuating trauma and harm through mass incarceration and criminal legal system overreach,” says Eisen. // Read More

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Constitution

Three Fixes to Prevent Another Battle of Lafayette Square

One year ago this month, Donald Trump deployed federal officers at Lafayette Square across from the White House to clear a crowd of people lawfully protesting police brutality after the murder of George Floyd. This move exploited loopholes in the Posse Comitatus Act to militarize downtown DC without any express congressional authorization — and those loopholes remain wide open. Elizabeth Goitein and Angelo Pis Dudot argue that it’s time for Congress to take action to prevent such abuses of power from happening again. // Defense One

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Coming Up

VIRTUAL EVENT: Racism and the American Promise: Theodore R. Johnson with Leah Wright Rigueur

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Wednesday, June 9 // 1:00 p.m.–2:00 p.m. ET

In his new book, When the Stars Begin to Fall

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, the Brennan Center Senior Fellow Theodore R. Johnson lays out the case that national solidarity is the path toward diminishing racism and that a blueprint for national solidarity can be found in the exceptional citizenship long practiced in Black America. In this virtual book talk, Johnson will discuss his faith in the American project and an urgent call to overcome what has long seemed intractable. RSVP today

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This event is produced in partnership with The New York Public Library.

VIRTUAL EVENT: How the Word Is Passed: A Conversation with Clint Smith

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Friday, June 18 // 12:00 p.m.–12:45 p.m. ET

In his new book, How the Word Is Passed: A Reckoning with the History of Slavery Across America

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, Clint Smith of the Atlantic reflects on how the history of slavery continues to reverberate today. In this virtual book talk, Smith joins the Brennan Center’s Theodore R. Johnson to discuss the hopeful role that memory can play in making sense of our country. 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

Sean Morales-Doyle on how an upcoming Supreme Court ruling could impact the Voting Rights Act // CNN

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Myrna Pérez on how recently introduced voting restrictions hinder Latino voters // HITN

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Hernandez Stroud on the role of the Justice Department in police reform efforts // The Hill

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Michael Waldman on the walkout by Texas Democrats to prevent a wide-ranging voter suppression bill // NPR

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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

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New York, NY 10271

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