Your weekly source for analysis and insight from experts at the Brennan Center for Justice
The Briefing
The Briefing will be going on summer break and return after Labor Day.
This afternoon, Democratic lawmakers stood on consecrated ground — the foot of the Edmund Pettus Bridge in Selma, Alabama.
The members of Congress weren’t there simply to honor the sacrifices of the late civil rights icon John Lewis and the hundreds of other marchers who braved police tear gas and clubs for the right to vote, as they’ve done in the past. They were gathered to announce the introduction of the John R. Lewis Voting Rights Advancement Act (H. R. 4), transformative legislation that would restore the protections of the Voting Rights Act that Lewis fought so hard to enact as a civil rights activist.
In 2013, the Supreme Court’s infamous Shelby County v. Holder decision invalidated the 1965 law’s Section 5 “preclearance” requirements, which prevented jurisdictions with a history of racial discrimination from changing voting rules without permission from the Justice Department or a federal court. In the ruling gutting the landmark civil rights law, Chief Justice John Roberts waved away concerns of new voting restrictions, claiming that “nearly 50 years later, things have changed dramatically.”
Unfortunately, things have changed dramatically — just not how Roberts thought.
The danger of new voting restrictions is no longer theoretical. It’s a grim reality. After record voter turnout in 2020, Republican state legislators around the country have responded by cracking down on the right to vote. Brennan Center research shows that this year, 49 states have introduced over 400 bills with provisions that make it harder to vote, 30 of which have become law in 18 states. Just last month, the Supreme Court’s decision in Brnovich v. Democratic National Committee weakened Section 2 of the Voting Rights Act, degrading citizens’ ability to challenge policies that lead to voting discrimination.
This all paints a bleak picture as the nation’s first redistricting cycle since the Shelby County decision looms, potentially redefining the balance of power in Congress and state legislatures for the next decade.
As my colleague Wendy Weiser told Congress yesterday, the bill named for Lewis is an essential step in turning the tide in this war on voting rights. Restoring preclearance and strengthening Section 2 of the original Voting Rights Act would undo much of the damage from the Brnovich and the Shelby County rulings.
President Biden has placed his full support behind it, and his Justice Department has told Congress that the bill must be passed so that the federal government can properly protect Americans’ voting rights nationwide as the midterms quickly approach. The legislation would provide a desperately needed xxxxxx against continuing state voter suppression efforts.
Congress must pass the John R. Lewis Voting Rights Advancement Act without delay.

 
Democracy
Fixing the Filibuster
Senate Republicans are using the filibuster to block the For the People Act, the historic voting rights and democracy reform bill. But the antidemocratic tactic does not have to be abolished for the legislation to pass. To explain why, Mira Ortegon and Colleen Olsen dive into its history and the many times it has been modified by both parties over the years. “As in the past, there is a clear path for senators anxious to preserve what they see as the main benefits of the filibuster to do so while still moving forward with much needed legislation to secure voting rights, end extreme gerrymandering, and combat corruption,” they write. // Read More
The Redistricting Race Is On
With the release of 2020 census data, states and local governments are drawing new voting maps that will be in place for 10 years. Rampant partisan gerrymandering is expected due to the Supreme Court’s ruling that gerrymandering for party advantage cannot be challenged in federal court. Federal reform legislation to stop the practice is urgent. “Some people say we can out-organize the voter suppression. You cannot out-organize a well-done gerrymander,” said Michael Waldman. // Washington Post

 
Constitution
The True Costs of ‘National Security’
The list of our country’s major challenges is long: climate change, gun violence, systemic racism, and more. Fighting terrorism doesn’t always have to be first in line for resources, but for too long, invoking national security has been a way to short circuit meaningful assessments of policies and spending. It’s a faulty approach that comes at the expense of the Americans’ health, safety, and wellbeing. In a sweeping essay co-published with the Guardian for the Brennan Center’s 9/11 anniversary series, Michael German, Elizabeth Goitein, and Faiza Patel argue for setting priorities based on reason instead of fear. // Read More

 
News
  • Michael German on the FBI’s guidelines for sting operations // PBS Frontline
  • Liz Howard on threats to election officials // Washington Post
  • Michael Li on the coming legal battles over redistricting // New York Times
  • Yurij Rudensky on the new census data // NPR’s 1A
  • Michael Waldman on protecting voting rights // MSNBC
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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