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The Brennan Center for Justice at
New York University School of Law New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it is the oldest law school in New York City and the oldest surviving law school in New ...
(NYU Law) is a nonprofit law and public policy institute. The organization is named after Supreme Court Justice
William J. Brennan Jr. William Joseph "Bill" Brennan Jr. (April 25, 1906 – July 24, 1997) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1956 to 1990. He was the seventh-longest serving justice ...
Generally considered
liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...
, the Brennan Center advocates for a number of progressive public policy positions, including raising the
minimum wage A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. Most countries had introduced minimum wage legislation by the end of the 20th century. Bec ...
, opposing restrictive
voter ID laws A voter identification law is a law that requires a person to show some form of identification in order to vote. In some jurisdictions requiring photo IDs, voters who do not have photo ID often must have their identity verified by someone els ...
, and calling for public funding of elections. The organization opposed the U.S. Supreme Court's ruling in ''
Citizens United v. FEC ''Citizens United v. Federal Election Commission'', 558 U.S. 310 (2010), was a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. It wa ...
'', which held that the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
prohibits the government from restricting independent political expenditures by nonprofits. The organization's stated mission is to "work to hold our political institutions and laws accountable to the twin American ideals of democracy and equal justice for all." Its president is
Michael Waldman Michael A. Waldman is an American attorney and presidential speechwriter and political advisor, currently serving as the president of the Brennan Center for Justice, Brennan Center for Justice at NYU School of Law, a nonprofit law and policy inst ...
, former
speechwriter A speechwriter is a person who is hired to prepare and write speeches that will be delivered by another person. Speechwriters are employed by many senior-level elected officials and executives in the government and private sectors. They can also be ...
for President
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
.


History and mission

The Brennan Center for Justice was founded in 1995 by the family and former
law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
s of Supreme Court Justice
William J. Brennan Jr. William Joseph "Bill" Brennan Jr. (April 25, 1906 – July 24, 1997) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1956 to 1990. He was the seventh-longest serving justice ...
, whom ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' called "the progressive voice of the modern court". Justice Brennan's idea of a
living constitution The Living Constitution, or judicial pragmatism, is the viewpoint that the United States Constitution holds a dynamic meaning that evolves and adapts to new circumstances even if the document is not formally amended. The Constitution is said ...
figures largely into the center's work. The Brennan Center started with an initial grant by the
Carnegie Corporation of New York The Carnegie Corporation of New York is a philanthropic fund established by Andrew Carnegie in 1911 to support education programs across the United States, and later the world. Carnegie Corporation has endowed or otherwise helped to establis ...
of $25,000 in 1996. The Carnegie Corporation in years since has donated over $3,650,000. During the selection process of what school to center operations from, the Brennan Center selected
NYU Law New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it is the oldest law school in New York City and the oldest surviving law school in New ...
out of a choice of three schools, with the other two being
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
and
Georgetown University Georgetown University is a private university, private research university in the Georgetown (Washington, D.C.), Georgetown neighborhood of Washington, D.C. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789 as Georg ...
. Brennan Center for Justice works with non-partisan
VoteRiders VoteRiders is an American non-partisan, non-profit 501(c)(3) organization whose mission is to ensure that all US citizens over 18 years old are able to exercise their right to vote. Through resources and media exposure, one of its main focuses is ...
to spread state-specific information on voter ID requirements. The Brennan Center is part
think tank A think tank, or policy institute, is a research institute that performs research and advocacy concerning topics such as social policy, political strategy, economics, military, technology, and culture. Most think tanks are non-governmenta ...
, part public interest
law firm A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to r ...
, and part
advocacy Advocacy is an Action (philosophy), activity by an individual or advocacy group, group that aims to influence decision making, decisions within political, economic, and social institutions. Advocacy includes activities and publications to infl ...
group. The organization is involved in issues such as opposing
voter ID laws A voter identification law is a law that requires a person to show some form of identification in order to vote. In some jurisdictions requiring photo IDs, voters who do not have photo ID often must have their identity verified by someone els ...
that it believes unduly restrict voter registration, and other barriers to registration and voting, and advocates for
redistricting Redistribution (re-districting in the United States and in the Philippines) is the process by which electoral districts are added, removed, or otherwise changed. Redistribution is a form of boundary delimitation that changes electoral dist ...
reform and campaign finance reform.


Activities

The Brennan Center's work is divided into three programs—Democracy, Justice, and Liberty & National Security. Past programs focused on criminal justice, poverty, and economic justice. The organization has focus on issues both at the national level in the United States but also at the state and local levels of government. The Brennan Center opposes
mass incarceration Incarceration in the United States is a primary form of punishment and rehabilitation for the commission of felony and other offenses. The United States has the largest prison population in the world, and the highest per-capita incarceratio ...
and produces research on causes of violent
crime in the United States Crime in the United States has been recorded since its founding. Crime rates have varied over time, with a sharp rise after 1900 and reaching a broad bulging peak between the 1970s and early 1990s. After 1992, crime rates began to fall year by ye ...
. The Brennan Center has represented several
detainee Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to ...
s at the
Guantanamo Bay detention camp The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
, and also
U.S. citizens Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constitut ...
or
legal resident Domicile is relevant to an individual's "personal law," which includes the law that governs a person's status and their property. It is independent of a person's nationality. Although a domicile may change from time to time, a person has only one ...
s held as
unlawful enemy combatants An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The Internati ...
. Attorneys from the Brennan Center challenged a
U.S. President The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
's authority to declare a prisoner to be an unlawful enemy combatant in the
war on terror The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international Counterterrorism, counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campa ...
. They have also challenged the
U.S. Congress The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
's power to deny ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' to such prisoners. The Brennan Center assisted in drafting and enacting the
Bipartisan Campaign Reform Act The Bipartisan Campaign Reform Act of 2002 (, ), commonly known as the McCain–Feingold Act or BCRA (pronounced "bik-ruh"), is a United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of ...
of 2002 (BCRA). The law banned
soft money The financing of electoral campaigns in the United States happens at the federal, state, and local levels by contributions from individuals, corporations, political action committees, and sometimes the government. Campaign spending has risen ...
contributions to
political campaign A political campaign is an organized effort which seeks to influence the decision making progress within a specific group. In democracies, political campaigns often refer to electoral campaigns, by which representatives are chosen or referend ...
s. The organization helped Senator
Dick Durbin Richard Joseph Durbin (born November 21, 1944) is an American lawyer and politician serving as the senior United States senator from Illinois, a seat he has held since 1997. A member of the Democratic Party, Durbin has served as the Senate Dem ...
write the
Fair Elections Now Act A publicly funded election is an election funded with money collected through income tax donations or taxes as opposed to private or corporate funded campaigns. It is a policy initially instituted after Nixon for candidates to opt into publicly f ...
. The Brennan Center advocated for the passage in 2010 of New York's law ending prison-based
gerrymandering In representative democracies, gerrymandering (, originally ) is the political manipulation of electoral district boundaries with the intent to create undue advantage for a party, group, or socioeconomic class within the constituency. The m ...
, and was part of a coalition of organizations that sought to defend that law from a court challenge. The Brennan Center advocates for the restoration of felon
voting rights Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
. The Brennan Center represented
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...
s Margarita López Torres, other unsuccessful judicial candidates, and
Common Cause Common Cause is a watchdog group based in Washington, D.C., with chapters in 35 states. It was founded in 1970 by John W. Gardner, a Republican, who was the former Secretary of Health, Education, and Welfare in the administration of President L ...
, in a
lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
that challenged the way New York state
trial judge A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
candidates gain access to the ballot. They prevailed in the
U.S. District Court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
and in the
U.S. Court of Appeals for the 2nd Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York (state), New York and Vermont. The court h ...
. In 2007, attorneys from the Brennan Center argued '' N.Y. State Bd. of Elections v. Lopez Torres'' before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. In 2008, the court ruled for the state. In 2015, the Brennan Center submitted an ''
amicus curiae An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
'' brief with the
Supreme Court of Wisconsin The Wisconsin Supreme Court is the highest appellate court in Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin. Location The Wi ...
, urging the state not to overturn John Doe law, which allows the state to conduct criminal investigations in secret. The Brennan Center has been tracking states' legislation on voter ID laws and other barriers to voter registration and voting to determine whether there is undue burden carried by certain communities. Numerous lawsuits have been brought against states in such cases. By August 1, 2016, rulings in five cases: Ohio, Texas, North Carolina, Wisconsin, and North Dakota, overturned certain voter ID and other provisions, requiring states to make alternatives acceptable for the November 2016 election cycle.Ariane de Vogue, "Voting challenges head toward the Supreme Court: 4 cases to watch"
CNN, 19 July 2016; accessed 30 July 2016
"Voter ID Laws Take a Beating in U.S. Courts", ''New York Times,'' 30 July 2016, p. 1 The Brennan Center research has also indicated that instances of
voter fraud Electoral fraud, sometimes referred to as election manipulation, voter fraud or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share of ...
by citizens and non-citizens is very rare.


See also

*
Alliance for Justice Alliance for Justice (AFJ) is a progressive judicial advocacy group in the United States. Founded in 1979 by former president Nan Aron, AFJ monitors federal judicial appointments. AFJ represents a coalition of 100 politically leftist groups that ...
*
American Constitution Society The American Constitution Society (ACS) is a progressive legal organization. ACS was created as a counterweight to, and is modeled after, the Federalist Society, and is often described as its progressive counterpart. Founded in 2001 following t ...
*
Justice at Stake Justice at Stake was a judicial advocacy organization active in the United States from 2000 to 2017. The group advocated for an end to judicial elections, and for stricter regulations regarding campaign finance for state-level judicial races. Geor ...


References


External links


Brennan Center for Justice
{{DEFAULTSORT:Brennan Center For Justice 1995 establishments in New York City Civil liberties advocacy groups in the United States Election and voting-related organizations based in the United States Elections in the United States New York University New York University research institutes Non-profit organizations based in New York City Organizations established in 1995 Progressive organizations in the United States