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Animated by Patrick Smith
VIDEO: The Dangerous ‘Independent State Legislature Theory,’ Explained
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The Supreme Court just announced that on December 7, it will hear a case that hinges on the radical “independent state legislature theory.” Our new animated short
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lays out just what the theory is and why it’s so dangerous to democracy. At issue in the North Carolina lawsuit is a wrongheaded reading of the Constitution that would let state lawmakers gerrymander and suppress votes without the traditional limitations imposed by governors, state judges, and state constitutions. If the justices accept the theory, state legislatures could use it to undermine Americans’ rights with impunity. You can watch the video here
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The Racial Voting Gap in Texas’s Primary
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The consequences of the voter suppression law Texas passed in 2021 are starting to become clear. Just one of its many restrictive provisions, which created onerous new requirements for mail voting, led to massive disenfranchisement in the state’s 2022 primary. And a new Brennan Center analysis shows that it had a particularly harsh impact on voters of color. In fact, we found that nonwhite voters were 30 percent more likely than white voters to have their mail ballot application or actual mail ballot rejected. Texas’s law is a prime example of how the wave of anti-voter laws spurred on by election fraud lies can keep significant numbers of Americans from casting their ballots
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Who Controlled Redistricting in Every State
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As in past decades, the majority of congressional districts in the latest redistricting cycle were drawn through partisan-controlled processes. But in a promising sign for fair maps, two additional states used independent commissions to set district lines for the first time. A new Brennan Center resource details who was responsible for map drawing in each state and how this impacted political competitiveness
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Next Up for the First Step Act
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In 2018, the First Step Act was celebrated as the biggest federal criminal justice reform legislation enacted in nearly a decade. It mandated long-overdue changes to excessively punitive federal sentencing laws and reforms aimed at improving prison conditions. But several years later, it’s still failing to benefit many of the people it is meant to help. A Brennan Center report assesses the structure of the law’s prison reforms, how they have been implemented, and what more can be done to achieve their potential
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Ensuring Census Accuracy Through Racial Equity
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The 2020 census failed to count 18.8 million people, with Black, Latino, and Indigenous communities going undercounted at disproportionate rates. Numbers like these can lead communities to lose out on fair representation and much-needed financial resources. Congress and the Census Bureau must implement equity-centered reforms to produce the accurate census that our democracy demands
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The Third Amendment’s Place in the 21st Century
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The Third Amendment, designed to protect colonial Americans from being forced to house British soldiers, has long been seen as a constitutional dead zone. Today, it remains the least litigated part of the Bill of Rights. In a wide-ranging discussion, Brennan Center Fellow Andrew Cohen and a University of Michigan law professor discuss whether this amendment could be revived in a new form for the modern day
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Virtual Event
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The Midterms: What Happened — and Where Do We Go From Here?
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Wednesday, November 9 // 3–4 p.m. ET
Voting rights, women’s rights, and democracy itself are at stake in the 2022 midterms. Join us the day after the election as our expert panelists unpack both parties' wins and losses. David Plouffe, former senior advisor to President Obama, will discuss the results with Rob Jesmer, FP1 Strategies managing partner and former Republican Party official. This virtual event will be moderated by Sewell Chan, Texas Tribune editor in chief. RSVP today.
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BRENNAN CENTER ON SOCIAL MEDIA
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The January 6 committee hearings have made it clear: There was a high-level conspiracy to subvert the 2020 election and overturn the will of the American people. It was led by the sitting president and culminated in a violent attack on the seat of the American government. Follow the Brennan Center on Instagram >>
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Brennan Center for Justice at NYU School of Law
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