How the Supreme Court and lax regulators cleared a path for the infamous fabulist ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ 
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With two presidents and a vice president now under scrutiny for mishandling sensitive documents, the classification system as a whole is being called into question. Though some may use what’s happening now to advocate for bolstering protections for classified documents, that’s exactly what we shouldn’t do. Overclassification produces a range of harms: It inhibits democratic debate. It hampers oversight by Congress and the courts. And it undermines safety because national security agencies often can’t share critical information. These are among the many reasons why the government must take immediate steps to reform the classification system.
The campaign finance scandals involving Rep. George Santos and cryptocurrency exchange founder Sam Bankman-Fried may be outrageous, but they’re unfortunately not terribly surprising. Rather, they’re the consequences of the Wild West fundraising landscape created by wrongheaded Supreme Court decisions, congressional gridlock, and inaction at the Federal Election Commission. The result is that candidates and rich donors seem to believe they can get away with just about anything.
If the 2022 contest for the House was surprisingly competitive, it was no thanks to the unfair maps drawn by partisans in most states. A new Brennan Center analysis finds that Republican control of the chamber came down to just 30 seats that were decided by 4 percentage points or less — and maps for those districts were more likely to have been drawn by courts or commissions than legislatures. Looking ahead, if partisan lawmakers are able to redraw maps to be even more skewed, the 2024 race will be even less competitive.
In the wake of controversial decisions by the U.S. Supreme Court, there is new focus on the ability of state courts to step in for the federal judiciary and offer more expansive protections for civil rights. In a broad discussion, Alicia Bannon and Washington State Supreme Court Chief Justice Steven González talk about the vital role of state supreme courts and constitutions, the limitations of originalism, and the need for a diverse judiciary. Sign up for our State Court Report newsletter to stay up to date on news and trends in state constitutional law.
Even if the Supreme Court doesn’t fully endorse the radical “independent state legislature theory” in Moore v. Harper, the case could still pose a threat to our elections. During oral argument in December, some of the justices explored paths to grant the Court new power to overturn state court decisions it disagrees with. This kind of disruptive ruling would effectively position the Court to reshape the election systems of the 50 states as it pleases.
Soon after the North Carolina Supreme Court struck down a 2018 voter ID law as racially discriminatory in December, its new conservative majority took hold. The court’s ideological shift suggests the practical impact of the ruling might be short-lived. The case serves as a reminder that even robust protections offered by state courts can prove fragile.
Meta is suing Voyager Labs, a social media surveillance company that offers its services to police with promises that it can use people’s online data to determine if they’re a threat to public safety. Experts say these claims are unscientific, and when this skewed information is given to law enforcement, it puts minority communities, activists, and civil rights at risk. Transparency and accountability are vital to ensuring law enforcement actually serves the public it’s sworn to protect.

 
BRENNAN CENTER ON SOCIAL MEDIA
The 2022 midterms were the most expensive midterm elections ever. As the share of big donors increases, smaller donors have less power. The Supreme Court has said there is nothing we can do about big donors and super PACs, but public match programs can give everyday citizens greater say in who runs for office and wins elections. Learn more and follow the Brennan Center on TikTok >>
 

 
IN-PERSON EVENT
 
Saying It Loud: In Conversation with Mark Whitaker and Eugene Robinson
Wednesday, February 22, 6:30–7:30 p.m. ET
New York
Five decades ago, the words “Black Power” transformed the civil rights movement, ushering out the nonviolent philosophy of Martin Luther King Jr. and John Lewis and heralding the turbulent year of 1966. Join us for an in-person event with journalist and author Mark Whitaker and Pulitzer Prize–winning columnist Eugene Robinson as Whitaker walks us through his new book, Saying It Loud: 1966—The Year Black Power Challenged the Civil Rights Movement, and tells the story of that groundbreaking year. RSVP today.
 
Produced in partnership with the NYU Law Black Allied Law Students Association. This event will comply with NYU’s Covid-19 safety precautions.

 
 
Brennan Center for Justice at NYU School of Law
120 Broadway, Suite 1750 New York, NY 10271
646-292-8310
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