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

Next week will mark a decade since the Supreme Court’s ruling in Citizens United v. Federal Election Commission, a decision that ushered in a new era of big money in politics. The 2018 midterm elections saw a surge in small donor participation. But a new Brennan Center analysis found an even bigger increase ([link removed]) in contributions from the wealthiest megadonors. A full reversal of Citizens United is unlikely without a change in Supreme Court personnel, but reforms like public campaign financing can help make our democracy healthy again.

Democracy

New York Wants to Make It Easier to Register to Vote

New York took a step toward becoming the 17th state to pass automatic voter registration (AVR) last week when the state senate passed a bill that would automatically register eligible voters when they interact with state agencies. The bill, which now heads to the state assembly for consideration, could potentially affect an estimated 1 million unregistered New Yorkers who are eligible to vote. “Elected officials are responding to what we think is a groundswell of support among voters for expanding voting rights and expanding democracy, so it’s great to see,” said Sean Morales-Doyle, senior counsel in the Brennan Center’s Democracy Program. // MOTHER JONES ([link removed])

Why Election Vendor Oversight Is Crucial for Election Security

Private companies build and maintain much of the country’s election infrastructure — but they receive virtually no oversight from the federal government. Elizabeth Howard, counsel in the Brennan Center’s Democracy Program and former deputy commissioner for the Virginia Department of Elections, testified last Thursday before the House Administration Committee at a hearing on election system vendors. “Congress has an important role to play and can take immediate steps to support state and local election officials as they work with vendors to replace, audit, and improve the resiliency of their systems in 2020 and beyond,” Howard testified. // READ MORE ([link removed])

Justice

Breaking the Cycle of Mass Incarceration

The forces that created and perpetuate mass incarceration have been entrenched for decades. In an interview with the Brennan Center’s Ruth Sangree, NYU law professor Rachel Barkow discusses her book Prisoners of Politics: Breaking the Cycle of Mass Incarceration, which proposes solutions for fixing the system’s myriad problems. “This wasn’t an outcome produced by a central planner but instead by lots of individual people deciding that a harsh approach is the right approach,” said Barkow. “My hope is that one-by-one, all those folks learn how mistaken this path is. And more importantly, that we put a better institutional model in place that avoids going with gut instincts and uses evidence instead.” // READ MORE ([link removed])

Constitution

Can the Members of the Electoral College Choose Who They Vote For?

Every presidential election brings renewed debate about the Electoral College. That discussion has grown even louder since Donald Trump won the presidency in 2016 despite losing the popular vote by nearly 3 million votes. Now, the Supreme Court may issue its first decision on presidential elections in nearly two decades, thanks to two cases involving “faithless” electors in 2016 who violated a pledge to vote for the candidate chosen by the voters in their state. “Whatever the outcome, the cases provide yet one more reason why the country should adopt a fairer system that counts every person’s vote equally,” writes Brennan Center Counsel and Spitzer Fellow Wilfred U. Codrington III. // READ MORE ([link removed])

News

- Elizabeth Goitein on the president’s power to use military force without authorization from Congress // VOX ([link removed])

- Thomas Wolf on the outlook for the 2020 census after the Supreme Court blocked the Trump administration’s proposed citizenship question // PENNSYLVANIA CAPITAL-STAR ([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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