Your weekly source for analysis and insight from experts at the Brennan Center for Justice at NYU School of Law

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The Briefing

It was only a decade ago that the Supreme Court first ruled that the Second Amendment protected the right of an individual to own a gun. Ever since, the justices have declined to take new gun rights cases. Dozens of lower federal courts have applied the new doctrine and largely upheld gun safety rules. But with Brett Kavanaugh joining the court, it agreed to hear a challenge to a quirky New York City ban on transporting licensed handguns outside city limits. Argument yesterday mostly focused on whether the case was moot, since the rule in question was repealed. But some justices may seek to rule on bigger questions. “The Supreme Court could reject the mainstream approach for deciding Second Amendment questions in favor of a more radical test focused solely on ‘text, history, and tradition’ and without consideration of contemporary realities of guns and gun violence,” write ([link removed]) law professors Joseph Blocher and Eric Ruben, the latter a fellow with the Brennan Center. “That would be a mistake.”

Democracy

She Got Her Voting Rights Back. Now She’s Fighting to Restore Them for Others.

Thousands of Kentuckians are unable to vote because of past criminal convictions. That’s because Kentucky is one of just two states with a current policy of permanent felony disenfranchisement. However, during his campaign, Kentucky Governor-elect Andy Beshear suggested he would prioritize ending that policy — a move supported by nearly two-thirds of Kentuckians. In a Q&A with the Brennan Center, Tayna Fogle, who has been organizing for rights restoration in Kentucky for 15 years, discusses her own experiences with voting and disenfranchisement. // READ MORE ([link removed])

Constitution

Does Facebook’s New Content Moderation Board Deserve a “Like”?

More than 1.6 billion people share, read, and post content on Facebook every day. As a result, the company’s content moderation decisions have far-reaching effects on public discourse worldwide. Recently, Facebook released details about how its new Oversight Board will review the company’s decisions on whether to remove certain posts. “The charter is a promising start, and Facebook seems to have seriously considered input from its global feedback campaign,” write the Brennan Center’s Faiza Patel and Laura Hecht-Felella. “But the framework leaves some key issues unsettled, and the board’s legitimacy will depend on how it — and Facebook — handles them.” // READ MORE ([link removed])

Coming Up
- Tonight at 6 pm, former Acting Solicitor General Neal Katyal joins Brennan Center President Michael Waldman in New York City to discuss the origins of impeachment in the Constitution, the Ukraine scandal, and how this historic moment will shape the future of our country. // RSVP ([link removed])
- At the Brennan Center, we are fighting to make democracy work, for everyone. And today — #GivingTuesday — is the perfect time to make your first gift, because your donation will be matched $1-for-$1. // DONATE ([link removed])

News

- Alicia Bannon on the need for a code of ethics at the Supreme Court // AP ([link removed])
- Michael Li on a North Carolina Republican’s claim that redistricting is an unfair process and on what the Constitution actually says // POLITIFACT ([link removed])

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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.

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