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

It is a decade since the Supreme Court upended a century of campaign finance law in Citizens United. This notorious case, along with other rulings, ushered in a dystopian era of big money in American politics. An example: the rise of small donors in recent elections has been a widely publicized and positive trend. But the new role for megadonors dwarfs the surge of small contributions, according to a new Brennan Center analysis ([link removed]). Super PACs alone, created in response to a court ruling that followed Citizens United, have spent almost $3 billion on federal elections.

“Citizens United planted the seed that allowed super PACs to increase the power of corporations and rich people to influence who runs for office and who wins elections in order to shape American politics to their own advantage,” writes ([link removed]) Brennan Center Senior Counsel Ian Vandewalker.

Democracy

The Racial Tilt of New Voter Laws

Voter suppression doesn’t affect everyone equally. In the past decade, half the states have made it harder for people to vote, a trend worsened by the Supreme Court’s 2013 ruling that gutted the Voting Rights Act. The architects of these new suppression efforts describe their policies — like strict voter ID and exact match laws — as racially neutral, but they continue to disproportionately affect voters of color, especially African-Americans. A new Brennan Center expert brief shows the disparate racial impacts of the new laws.

“As voter suppression continues to evolve — with communities of color still bearing the brunt — protecting the right to vote remains as important today as it has ever been,” write the Brennan Center’s Theodore R. Johnson and Max Feldman. // READ MORE ([link removed])

The Wisconsin Voter Purge Raises Alarms

Last week, a Wisconsin appeals court put on hold a purge of approximately 200,000 voters from the state rolls. Alarmingly, an activist group had sued state officials to force them to delete voters when the officials thought it unnecessary. A judge began fining the officials for each day they failed to purge the voters. Meanwhile, other controversial voter purges have been tried in states including Georgia, Ohio, and Texas.

“Voter rolls should be up-to-date and accurate. But large-scale voter purges based on unreliable data too close to an election will make voters rightfully concerned,” write the Brennan Center’s Myrna Pérez and Eliza Sweren-Becker. // READ MORE ([link removed])

Honest Ads? Da!

In the 2016 election, agents of the Russian government reached tens of millions of Americans on social media. This online activity, fueled in part by ad spending, went undetected during the election season and exposed loopholes in U.S. campaign finance law.

The Honest Ads Act, most recently introduced in the Senate by Sens. Amy Klobuchar (D-MN), Lindsey Graham (R-SC), and Mark Warner (D-VA), would prevent foreign entities from buying online ads that mention political candidates. It would subject internet ads to the same rules as those run on TV and radio. It would also increase overall transparency by allowing the public to see who bought an online political ad, no matter who it was. // READ MORE ([link removed])

Justice

Ensuring a Fair Fight

Public defenders represent people who cannot otherwise afford a lawyer when they face criminal prosecution. But public defense systems across the country have been chronically under-resourced for decades. And when public defense systems are overwhelmed, it exacerbates many of the disparities in the U.S. criminal justice system, such as long sentences, racial bias, and wrongful convictions.

A recent Brennan Center study outlined ([link removed]) steps that the government can take to ensure that public defenders, who protect the constitutional rights of millions of Americans, can provide adequate legal representation. // ESQUIRE ([link removed])

Constitution

Can Congress Take Its War Powers Back?
When it comes to Congress’s role in initiating military conflict, there’s a growing gap between what’s specified in the Constitution and what’s happening in practice. But since the mid-20th century, Congress has ceded more and more power to the executive branch when it comes to using military force.

There are signs, however, that Congress is interested in taking back some of that power, but “thus far, these efforts have failed because Congress cannot muster the necessary supermajority to override the president’s veto,” writes Elizabeth Goitein, codirector of the Brennan Center’s Liberty & National Security Program. “The lesson is clear: once Congress gives away its power, it is exceedingly difficult to take it back.” // READ MORE ([link removed])

News

- Myrna Pérez on the implications of Wisconsin’s recent voter purge // ROLLING STONE ([link removed])

- Theodore Johnson on why some Democratic presidential candidates are having a tough time wooing Black voters // NEW YORK TIMES ([link removed])

- Michael German on the revelation that the Department of Homeland Security listed nonviolent environmental activists “extremists” // THE GUARDIAN ([link removed])

Have an issue you'd like us to cover? Feedback on this newsletter? Email us at [email protected]
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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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