As the Supreme Court fails to protect fundamental rights, it’s more important than ever to know what’s happening at the state level. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ 
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Brennan Center for Justice
 
 
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State courts and constitutions offer protections for a broad range of rights, from voting to reproductive freedom. But there hasn’t been a place to analyze and contextualize the constitutional developments in all 50 states — until now. The Brennan Center’s newly launched State Court Report will serve as a hub for news and analysis on legal trends, cases to watch, and scholarship related to the important but chronically underappreciated area of state constitutional law. You can sign up for State Court Report’s new companion newsletter here.
After a decade of inaction, there’s new cause for optimism at the Federal Election Commission. Earlier this month, it finally advanced the processes for two key rules: one would improve transparency for online ads, and the other would make it easier for non-wealthy candidates to run for office. These are welcome improvements, but comprehensive change to our campaign finance laws still depends on Congress.
 
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Public financing of campaigns is gaining momentum as the most powerful reform available to counter the outsized influence of megadonors. Last month, New York State launched its small donor matching system, and public financing programs won the support of midterm voters in Oakland, California, and Portland, Maine. As election spending continues to skyrocket, embracing similar initiatives across the nation is the key to giving everyday Americans a greater say in who gets the power to represent them.
After 9/11, federally funded fusion centers emerged as a means for state and local governments to share counterterrorism intelligence. But mounting evidence shows they pose risks to Americans’ civil liberties and privacy rights. A new Brennan Center report details why greater oversight and accountability are needed to rein in abuses by fusion centers.
After the Supreme Court overturned Roe v. Wade in June, the battle for reproductive rights shifted primarily to the states. So far, 34 lawsuits have been filed in state courts challenging abortion bans, 31 of which remain pending. Over the next year, the eyes of the nation will be on state high courts as they interpret their states’ laws on abortion access.
Though the U.S. Constitution guarantees the right to a federal civil jury trial, few cases are now decided this way. It’s not hard to guess why: jury trials are slower, less predictable, and more expensive. In a wide-ranging discussion, Brennan Center fellow Andrew Cohen and law professor Suja Thomas explore the importance of this Seventh Amendment right and how it fits into the modern legal system.

 
Virtual Events
 
Secret War: Unauthorized Combat and Legal Loopholes
Wednesday, January 18, 3–4 p.m. ET
 
Since 9/11, the United States has secretly engaged in armed conflict across the Middle East, Africa, and Asia for the sake of combating terrorism. Little-known laws have enabled hostilities in the name of “security cooperation” — authorizing the Pentagon to create and use paramilitaries without notifying key decision-makers in Congress and permitting presidents to counter not just terrorist groups but also states, such as China, Iran, and Russia. Through these laws, a handful of government officials, working with minimal oversight and no notice to the public, could stumble the United States into a major conflict. Expert panelists will take on the question of how Congress should address this danger. RSVP today.

 
BRENNAN CENTER ON SOCIAL MEDIA
The Supreme Court heard oral arguments last week in the redistricting case Moore v. Harper. If the justices accept the “independent state legislature theory” proposed in the lawsuit, it would take power from voters and undermine checks and balances. Learn more and follow the Brennan Center on TikTok >>
 

 
 
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