Brennan Center
banner
brennancenter.org
Brennan Center
@brennancenter.org
We work to build a United States that is democratic, just, and free — for all. Visit BrennanCenter.org.
We are a nation of immigrants and laws. In the face of Trump’s threats to denaturalize U.S. citizens, courts must protect them from being punished for what they say or who they are. bit.ly/4adIy67
Trump’s Push to Redefine Who Counts as American
Threats of denaturalization are the latest attack on immigrants — but they won’t stand up in court.
www.brennancenter.org
December 9, 2025 at 10:11 PM
The Supreme Court’s approval of Texas’s gerrymandering is another blow to fair representation. Congress should set national standards to stop the antidemocratic practice. bit.ly/4a7H8d8
Supreme Court Hammers Away at Democracy
With its latest gerrymandering decision, the Court is creating a political system primed for distortion and deeper division.
www.brennancenter.org
December 9, 2025 at 9:07 PM
Reposted by Brennan Center
I *always* learn something when @ijsanders.bsky.social writes for State Court Report, even (especially?!) when I have a different view. He grapples with genuinely hard questions about how to give meaning to capacious state constitutional language protecting liberty. An excellent read!
“Fundamental rights” in state courts are in a state of confusion. I argue in @statecourtreport.org that’s because the old “fundamental vs nonfundamental” paradigm doesn’t work anymore. Instead, advocates (even progressives!) should “Make Lochner Your Friend.” 🧵

statecourtreport.org/our-work/ana...
"Liberty" is a Big Word, and That’s OK
A recent abortion rights decision in North Dakota demonstrates that the distinction between “fundamental” and “non-fundamental” rights doesn’t always make sense in state constitutional jurisprudence.
statecourtreport.org
December 5, 2025 at 6:13 PM
25 years ago this week, the ruling in Bush v. Gore started a long slide in public approval for the Supreme Court, especially among Democrats. bit.ly/48F2YSP
Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
www.brennancenter.org
December 9, 2025 at 8:55 PM
For years, ICE has used the latest surveillance technology to target immigrants, now it’s using this technology to target anti-ICE protesters. This is a serious threat to Americans’ First and Fourth Amendment rights.
December 9, 2025 at 6:28 PM
Turning away from bipartisan efforts to support people returning from prison or jail harms not just them, but their families and communities. Our criminal justice experts explain why reentry work matters: bit.ly/3KpuBYb
Canceled DOJ Grants Threaten Bipartisan Work to Support People Released from Prison
The cuts undermine public safety and years of bipartisan cooperation on state and federal reentry work.
www.brennancenter.org
December 9, 2025 at 6:03 PM
The administration’s strikes on alleged drug boats may be tied to its push to use a dangerous wartime law — the Alien Enemies Act — to deport Venezuelan immigrants without due process. Katherine Yon Ebright joins The Briefing with Michael Waldman: bit.ly/4rHwMqD
December 9, 2025 at 5:11 PM
Reposted by Brennan Center
In NRSC v. FEC argument Marc Elias warns of a nationalized fundraising “arms race” if the Court strikes down party coordinated spending limits, one that will weaken many state parties as grassroots organizations. Interesting prediction from someone who has repped one of the major parties for decades
December 9, 2025 at 5:01 PM
Reposted by Brennan Center
Important point just now in the NRSC v. FEC argument: the Court's assumptions and predictions in past campaign finance cases have turned out to be wrong in practice. That's a big reason why Citizens United and other decisions have caused such harmful consequences for American politics.
December 9, 2025 at 4:45 PM
Reposted by Brennan Center
Discussion in NRSC v. FEC keeps returning to how the rise of super PACs has harmed parties. That's clearly true and underscores the need for reform, including ways to strengthen parties. But that's a job for Congress.

www.brennancenter.org/our-work/res...
Stronger Parties, Stronger Democracy: Rethinking Reform
The Brennan Center considers whether relaxing certain campaign finance regulations in order to direct political money back into the official party organizations can help strengthen American democracy.
www.brennancenter.org
December 9, 2025 at 4:28 PM
Reposted by Brennan Center
The justices' questions in NRSC v. FEC about future challenges to other campaign finance laws highlights why this is an issue for Congress to address. Money in politics is a complex problem with many facets. But courts consider these laws in isolation.
December 9, 2025 at 3:51 PM
New York City Mayor-elect Zohran Mamdani will inherit a jail system plagued by rampant mismanagement. But if he embraces the imminent, court-ordered change in management, he can help foster long-term structural improvement.
bit.ly/48BCLEG
What the Incoming Mayor Must Do About New York City Jails
Mayor-elect Zohran Mamdani can harness the federal court’s historic intervention in the local jail system to durably improve it.
www.brennancenter.org
December 9, 2025 at 4:01 PM
Reposted by Brennan Center
Interesting to see the justices in the NRSC oral argument press Noel Francisco on future challenges to campaign finance law. This is making explicit how the dynamic at the Court works. Each law is considered in isolation, but the reality it’s a progressive chipping away of the rules.
December 9, 2025 at 3:47 PM
The Supreme Court has announced that it’s going to hear arguments on President Trump’s order rescinding birthright citizenship. The text and history ought to make this an open-and-shut case. bit.ly/40oplbc
Presidents Can’t End Birthright Citizenship
President Trump's executive order is almost certain to be struck down.
www.brennancenter.org
December 9, 2025 at 3:51 PM
Reposted by Brennan Center
Powerful point from Justice Sotomayor in today’s oral argument in NRSC v. FEC: “every time we tinker with Congress’s design [for campaign finance law] we make things worse. Indeed.
December 9, 2025 at 3:32 PM
Reposted by Brennan Center
NRSC v. FEC, happening now: Important point from Justice Sotomayor that the Court's interventions in campaign finance cases have caused more harm than good. Exactly right! As the Brennan Center argued in our amicus brief.

www.brennancenter.org/our-work/res...
National Republican Senatorial Committee v. Federal Election Commission
The Brennan Center and Steptoe LLP filed an amicus brief urging the Supreme Court to reject the petitioners’ argument that limits on coordinated party expenditures violate the First Amendment.
www.brennancenter.org
December 9, 2025 at 3:25 PM
Reposted by Brennan Center
NRSC v. FEC, happening now: Justice Alito asks who is helped and who is hurt by party coordinated spending limits. That's an important policy question, but it's for Congress to consider, not the courts! It does not weigh on constitutional analysis under the First Amendment.
December 9, 2025 at 3:22 PM
Reposted by Brennan Center
NRSC v. FEC, happening now: Challengers say donors don't "launder" candidate contributions through parties because it's easier to write a massive check to a super PAC. Corruption is still corruption, even if there are easier paths for corruption.
December 9, 2025 at 3:16 PM
Abuse of power calls for prominent public exposure. Listen as Brennan Center expert Katherine Yon Ebright and Michael Waldman break down why military strikes on alleged boats are unlawful and discuss how Congress should respond on The Briefing with Michael Waldman: bit.ly/4oNLKJd
How Congress Must Respond to Trump's Boat Strikes (with Katherine Yon Ebright)
Listen to this episode from The Briefing with Michael Waldman on Spotify. Over the past several months, the Trump administration has undertaken a congressionally unauthorized military campaign against supposed “narco-terrorists” in international waters. One of the administration’s attacks in particular has roiled Washington — according to recent reporting, military officials ordered a follow-up strike that killed survivors of an attack on an alleged drug boat. Since the revelation, Trump officials have scrambled to explain the legal justification and who was ultimately responsible.  Listen as Brennan Center expert Katherine Yon Ebright and Michael Waldman break down why these strikes are unlawful and discuss how Congress should respond.   If you enjoy this program, please give us a boost by liking it, subscribing, and sharing it with your friends. If you’re listening on Apple Podcasts, please give it a five-star rating.  Recorded on December 5, 2025.  Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.  The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office. 
open.spotify.com
December 9, 2025 at 3:23 PM
The president's strikes against alleged Venezuelan drug boats demand a congressional select committee investigation.
December 9, 2025 at 2:45 PM
The Supreme Court will soon hear a challenge to limits on how much political parties can spend in coordination with candidates. And while the campaign finance system clearly needs reform, those choices belong to Congress, not the Court.
bit.ly/4oIZsNl
Supreme Court Poised to Take Another Swipe at Campaign Finance Law
Congress, not the Supreme Court, should make the rules for political party fundraising.
www.brennancenter.org
December 9, 2025 at 2:27 PM
Reposted by Brennan Center
New from Michael Miller and me at @thejop.bsky.social: Evidence that, in most areas that were affected by the decision, the Supreme Court decision gutting the Voting Rights Act in 2013 (Shelby County v Holder) increased the racial turnout gap. A thread...
www.journals.uchicago.edu/doi/10.1086/...
December 8, 2025 at 6:32 PM
Reposted by Brennan Center
Justice Kagan and Justice Barrett were having an indirect dialogue about history through their questions to Rebecca Slaughter's attorney. A few observations about their questions and some considerations they surfaced... 🧵
December 8, 2025 at 9:14 PM
"The shutdown made it clearer than ever that our system is stuck in a campaign finance system that excludes most Americans from power," @kornbergmaya.bsky.social wrote in an op-ed in @thehill.com. Reform is needed for Congress to actually "represent the people it serves."
In a Congress Full of Millionaires, Raising Money Becomes the Job
The people's branch should represent the people.
www.brennancenter.org
December 8, 2025 at 9:34 PM