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

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Last night, I had the thrill of watching the U.S. Senate confirm Myrna Pérez, the director of our Voting Rights and Elections Program, to the Second Circuit Court of Appeals. I won’t lie — I had goosebumps.

For 15 years at the Brennan Center, Pérez fought passionately for voting rights. During that time, a fierce litigator, she won protections for the right to vote for hundreds of thousands of fellow citizens. She also documented misguided policies, such as flawed voter purges and harsh voter ID, that make it harder for too many to vote, particularly voters of color. She and her team were deeply involved in the drive to enact automatic voter registration, a breakthrough innovative reform now in place in 17 states and the District of Columbia.

Her confirmation to the bench is a big deal.

It helps blaze a path for other nominees who come from civil rights, voting rights, or public defender careers. In state and federal courts, there is a lack of professional diversity on the bench, with former prosecutors overrepresented. Pérez, for example, will be the first prominent voting rights attorney on a federal appeals court since civil rights icon Thurgood Marshall. Of course, her joining the court enhances other forms of diversity as well: she will be the first Latina on the Second Circuit since Sonia Sotomayor was confirmed to the Supreme Court in 2009.

In fact, the focus on strengthening the judiciary — on expanding the notion of who should sit on these senior courts, and indeed on the centrality of the judiciary, is a new and very welcome development.

Senate Majority Leader Charles Schumer played a central, indispensable role in this nomination. We cannot thank him enough for recommending her for a federal judgeship, for his tireless work fighting for her nomination, and his compelling words at Perez’s hearing and on the Senate floor yesterday. It reflects a breakthrough in judicial diversity.

And it is noteworthy, too, and very encouraging that the Biden White House has given these nominations the priority they deserve. Past Democratic presidents — including Bill Clinton and Barack Obama — devoted less capital to judicial nominations, especially at first. Now President Joe Biden looks likely to have a significant impact on creating a judiciary that is diverse, excellent, and committed to justice.

During her time at the Brennan Center, Pérez protected and expanded democratic rights for millions of our fellow citizens. Now as federal appeals court judge, she will solemnly serve and uphold the Constitution and equal justice under the law in the states of Connecticut, New York, and Vermont.

As citizens, we’ll be fortunate to have her service on the Second Circuit. And for the Brennan Center as an organization, we regard this as a reminder of the importance of our work on behalf of democracy and the Constitution — and our commitment to carrying on Pérez’s work and her commitment to rigor and excellence.

Democracy

Redistricting Reform’s Republican Roots

Thirty years ago, Republicans were at the forefront of the fight to end gerrymandering, with notable proponents including President George H.W. Bush and Sen. Mitch McConnell (R-KY). While present-day Senate Republicans have abandoned this position, their proposals are now at the core of the redistricting reforms in the Freedom to Vote Act. Michael Li presents the history of this effort, what brought it to a halt, and what modern anti-gerrymandering advocates and policymakers can learn from it. “These ideas for fixing a broken redistricting process were smart three decades ago when Republicans were the ones proposing them. They are no less smart today,” he writes. Read more

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On Faith and Voter Suppression

In September, Texas Gov. Greg Abbott signed an undemocratic and unlawful voting bill that suppresses the vote of vulnerable communities and discourages people from becoming election workers or volunteers. Pastor Danielle Ayers, a plaintiff in the Brennan Center’s lawsuit challenging the law, reminds us of the stakes of this fight and explains why Friendship-West Baptist Church couldn’t stand aside on this issue. “We all deserve a voice in how we’re governed. Still, many of those who govern us think otherwise. And it is our God-given right to fight for unencumbered access to the ballot and freedom to live in a democracy free of intimidation and unjust laws,” she writes. Read more

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Constitution

Police Reform Must Include Demilitarization

Police usage of military-grade equipment and tactics, especially in response to protests, is a cause for concern to many. While departments argue these methods are necessary in modern policing, Sahil Singhvi and Indu Pandey make the case that instead of relying on equipment built for war, police should make meaningful changes to how they interact with civilians. “Along with tanks and night-vision goggles, American police [have] adopted the mentality of the military, down to the idea that the residents of the communities where officers patrol are enemy combatants to be met with force,” they write. READ MORE

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Amendments Come in Waves

In today’s deeply divided politics, the idea of successfully passing a constitutional amendment may seem like a pipe dream to most. John Kowal and Wilfred Codrington III, authors of The People’s Constitution

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, discuss a crucial historical trend relating to constitutional amendments: not only do they come in waves after long periods without any amendments, they are typically preceded by times of political polarization and gridlock. “While today’s partisan rancor and gridlock may currently thwart important national reforms, they may also signal the coming of a new era of constitutional change that could kick-start our country’s journey toward ‘a more perfect Union,’” they write. POLITICO

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Fellows

A Farewell to Colin Powell

Following the passing of Colin Powell, the first Black chairman of the Joint Chiefs of Staff and first Black secretary of state, mourning has been accompanied by questions of what to make of his legacy. Ted Johnson shares a thoughtful obituary for the former statesman, remembering his view of Powell coming up as a young Black naval officer and intelligence officer in the 1990’s, and contemplating his later career, characterized by difficult choices. “We should take inspiration from Mr. Powell’s accomplishments and commitment to the nation’s ideals, understand that life often forces us to choose between doing the right thing and the expedient thing for the right reasons, and be ever reminded of the role race plays in our society, even for its citizen exemplars. In doing this, we can ensure his memory holds meaning for generations of Americans to come,” he writes. NEW YORK TIMES

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Coming Up

VIRTUAL EVENT: The Midterms: What to Expect Next November and Beyond

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Thursday, November 4, 5–6 p.m. ET

Midterm elections always matter — but in this divided era, at a critical junction for countless policy areas, the 2022 midterms will matter more than most. From the role of primary voters to what issues will bring voters to the polls, hear early insights from some of the best in the business: Alex Castellanos, a strategist for the Bush-Cheney and Romney-Ryan campaigns and co-founder of Purple Strategies; Stephanie Cutter, Obama White House staffer and founding partner of Precision; Shailagh Murray, former Washington Post reporter and deputy chief of staff to then-Vice President Biden; and journalist Walter Shapiro, who has covered 11 presidential campaigns. The conversation will be moderated by Bakari Sellers, CNN political analyst and former member of Congress from South Carolina. RSVP today

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Produced in partnership with New York University’s John Brademas Center

VIRTUAL EVENT: Midnight in Washington: A Conversation with Rep. Adam Schiff

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Wednesday, November 10, 6–7 p.m. ET

The congressman who led the first impeachment of Donald Trump offers an inside account of American democracy in its darkest hour — and a warning that the forces of autocracy released by Trump remain as potent as ever. In his new book, Rep. Adam Schiff (D-CA) argues that the Trump presidency has so weakened our institutions and compromised the Republican Party that the peril will last for years. RSVP today

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Produced in partnership with New York University’s John Brademas Center

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News

Michael Li on gerrymandering’s impact on communities of color // CNN

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Yurij Rudensky on racial gerrymandering in Texas // TEXAS TRIBUNE

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Michael Waldman on the Freedom to Vote Act // SALON

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Dan Weiner on the Big Lie and democracy reform legislation // ROLLING STONE

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Wendy Weiser on the fight for voting rights // RADIO TIMES

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Feedback on this newsletter? Email us at [email protected]

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