The Supreme Court shouldn’t operate in the shadows

Ross D. Franklin/AP

Election Deniers Are Gearing Up for the Midterms

As part of ongoing efforts to push a false narrative of widespread voter fraud, Trump allies and others connected to the January 6 insurrection are coordinating a nationwide campaign to give election deniers more control over local election administration. They are recruiting an “army of patriots,” according to organizers, to serve as poll watchers and election workers. But that’s not all. They’re also equipping them with combative but vague instructions to fight fake voter fraud threats and create chaos. Unless officials, civic groups, and the media take action to safeguard election processes and curb misinformation, this partisan army could wreak havoc on our elections in 2022 and beyond.

Shedding Light on SCOTUS’s Shadow Docket

Many were shocked when the Supreme Court overruled Roe v. Wade, overturning 50 years of precedent. Court watchers, however, said the unpopular decision was heralded months earlier in the Court’s shadow docket. What was once an obscure tool used to decide procedural matters has become a way for the justices to quietly rule on key issues including abortion, gerrymandering, and climate change with little explanation or warning. A new Brennan Center explainer details what the shadow docket is, how its role has changed in recent years, and why its current use is problematic.

Emergency Powers Aren’t the Answer on Abortion or Climate Change

Since the Supreme Court struck down constitutional abortion rights and slashed the Environmental Protection Agency’s ability to fight climate change, many Democrats have called for President Biden to issue emergency declarations to address the fallout. However, emergency powers aren’t meant to fix long-term policy problems, even if Congress has failed (or refused) to solve them. No matter how worthy the goal, misusing executive authority could do more harm than good. The only valid path to restoring reproductive rights and fighting climate change is taking every step in our power to have a Congress that fairly represents the will of the American people.

Reforming the FBI

When questioned about its failure to stop the January 6 insurrection, the FBI claimed it lacked the ability to anticipate and prevent the attack. A new Brennan Center report finds evidence to the contrary. The problem isn’t that the bureau’s powers are too narrow — they’re too broad. Rather than focus on filling supposed gaps in the agency’s authority, Congress and the attorney general should examine how the expansiveness of the FBI’s power prevents it from focusing on real threats. Reforms are needed to enhance the FBI’s effectiveness while protecting Americans from bias-based investigations and invasions of privacy.

The Harmful Costs of Electronic Monitoring

Electronic monitoring is sometimes viewed as a more humane alternative to incarceration. However, people under supervision are burdened with the outrageous cost of 24/7 surveillance, with fees as high as $1,200 a month. They also face expensive fines for losing or damaging their tracking device, as well as broad, ambiguous rules for staying in the community. Too frequently, people land behind bars not for committing new crimes but for technical rule violations and an inability to cover the costs of monitoring. In trying to reduce mass incarceration, we must make sure that the alternatives aren’t harmful too.

Cyber Ninjas Must Be Banned From Federal Contracts

This month, the Brennan Center sent a letter on behalf of democracy groups in Arizona asking the federal government to ban Cyber Ninjas — the firm responsible for the Arizona Senate’s costly sham audit of the 2020 election — and its CEO, Doug Logan, from receiving federal contracts for up to three years. Cyber Ninjas’ work failed to meet basic standards of security, accuracy, and reliability, and Arizonans were forced to spend millions to replace voting machines compromised by the company. It’s now up to the U.S. government to ensure Cyber Ninjas can’t continue to waste American tax dollars and do more damage.