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The Constitution 13
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The Brennan Legacy 32
Pro Bono Partners 32
Justice 9
Who We Are 33
L E T T E R F RO M T H E P R E S I D E N T & B OA R D C H A I RS
This is the first time in decades In Georgia and Florida, we won emergency lawsuits
that forced officials to count every vote. And we
that members of Congress have helped combat Brian Kemp’s notorious “exact match”
rule that disenfranchised voters due to typos.
’’
Ending Partisan Gerrymandering.
Politicians long have rigged election districts to
are the heart of the plan. benefit themselves and their party, and to stifle
minority voices. Modern technology makes the
problem worse.
Curbing Big Money’s Role in Politics. Protecting the Vote As the reform movement’s litigation hub, the
The Brennan Center has long been a legal and policy Brennan Center coordinated dozens of amicus
force for campaign finance reform. Our October Defeating Trump’s Voter Fraud Commission. briefs in two key Supreme Court cases to strike
study showed that outside dark money groups We fought the White House panel that aimed to down extreme partisan gerrymandering. We
funded by anonymous donors now dominate bolster the preposterous claim that millions voted brought in historians, Republican leaders, civil
statewide judicial races – the latest example of the illegally in 2016. Our report, Noncitizen Voting: The rights advocates and social scientists.
impact of Citizens United. Our proposal to overhaul Missing Millions, demolished Trump’s lies. We filed
the Federal Election Commission would fix the cases in Texas, Utah, and Indiana to block release of Disappointingly, the Justices declined to rule, so
agency which has failed to enforce campaign laws. private voter information; we sued federal agencies to citizens themselves stepped in. Ballot measures
Lawmakers have embraced the plan. uncover secret documents; and we executed a established nonpartisan commissions to draw
top-flight communications campaign. When the district lines in Michigan, Colorado, and Nevada.
Bold Democracy Reform. Commission imploded in January 2018, the Guardian Missouri and Utah voters enacted solid redistricting
In December 2018, House Democrats announced reported: “The Brennan Center was at the forefront of reforms. The Brennan Center drafted several of
the first order of business — H.R. 1 — an overhaul of resistance to the Commission’s work.” these and gave essential research and legal support.
our nation’s democratic systems. The Brennan
Center’s solutions are the heart of the plan, which Stopping Abusive Voter Purges. Ensuring a Fair, Accurate 2020 Census.
marks the first time in decades that members of Our definitive study — released in July with a New The Trump administration illegally and abruptly
Congress have prioritized fixing democracy. York Times op-ed — showed how states removed 14 added a question about citizenship, a demand that
Automatic registration. Small donor public campaign million voters from the rolls, often improperly. Voters will crash participation by immigrant communities.
financing. Redistricting reform. Restoration of the of color were hardest hit. After the Supreme Court Privacy risks abound, too. The Brennan Center
Voting Rights Act. Stronger presidential ethics laws. gutted the Voting Rights Act in 2013, officials purged co-chairs a legal strategy task force, working with
Building momentum for this new national agenda in an extra 2 million voters. We went to court in Indiana racial justice and fair elections groups to advance
the lead up to 2020 is our core goal. and won, and blocked purges in two other states. protections and ensure a full count.
6
Q&A Michael Li
Senior Counsel, Democracy
Why does gerrymandering matter? But the fight isn’t just in the courts. There’s also
The way that political maps are drawn has been a powerful uptick of grassroots state
consequences far beyond just determining the advocacy and reform. And those efforts are scoring
geographic area of an election district. Map increasingly big wins.
boundaries can be manipulated to discriminate
against communities of color, and against political Have you noticed an increase in public
opponents. And the United States is unique in that it awareness of gerrymandering as a problem?
largely leaves redistricting in the hands of partisan It’s been a sea change. Five or ten years ago, there
lawmakers, which intensifies those problems. The was scant public awareness of gerrymandering.
good news is that even small changes to the system Now, it’s an issue people care deeply about. That’s
make the process more independent and fair. It is partially because Americans have this feeling that
possible to create legislative bodies at the state and the system is corrupt, rigged for the benefit of
federal level that are much more reflective of our insiders. But people are starting to realize that it’s
increasingly diverse country. One way to do it is to something they can change. It’s become an issue
put line drawing in the hands of independent for our time.
commissions, but there are lots of smart reforms
to make the process much better. How did you become a gerrymandering expert?
Coming from Texas, I’ve long known that
What have been some of the biggest fights in the communities of color are underrepresented in
effort to create fairer political representation? ways that harm them. I was practicing at a big
First, trying to get the Supreme Court to articulate a law firm in the state, and another round of
strong, clear rule against partisan gerrymandering. redistricting was coming up. The map-drawing
Lawmakers have taken the Court’s silence up until process is fairly opaque, and I thought people
now as a sign they can get away with anything when should know more about it. So, I created a blog
it comes to favoring one political party over another. that aimed to help people understand redistricting
Cases are continuing to come up through the lower better and have more access to information
ILLUSTRATION: Lauren crow
courts and the Supreme Court won’t be able to about it. It evolved from there.
punt the issue forever.
The United States has less than 5 percent of Ending Mass Incarceration
the world’s population, but nearly 25 percent of Fighting Fear with Facts.
The Brennan Center is the respected source to
the world’s prisoners — 2.3 million people. And rebut false claims of soaring crime — the antidote to
that’s not needed to keep communities safe. Mass politicians who stoke fear to undercut reform. Our
2018 research shows that crime rates in America’s
incarceration has crushing consequences: racial, 30 largest cities remain near historic lows.
economic, social. Black men and women are still Mobilizing Law Enforcement.
five and a half times more likely to be incarcerated We launched Law Enforcement Leaders to Reduce
Crime and Incarceration in 2015. Its members: 200
than whites. It is among the most pressing racial police chiefs and top prosecutors from all 50 states
who agree that sound criminal justice reforms can
justice issues facing the nation. reduce incarceration without jeopardizing public
safety. They work for change in their communities
The Brennan Center fights for a rational, fair and and are a powerful voice in states and on Capitol
Hill. Senate Judiciary Committee chair Charles
effective justice system that fulfills the promise Grassley (R-IA) called the group his “best advocate”
for achieving criminal justice reform.
of equal justice under law. We work to end mass
incarceration and policies that unfairly target Winning Federal Sentencing Reform.
ILLUSTRATION: Heads of State
reform in a generation. Our influential role: We In 21 Principles for the 21st Century Prosecutor,
opposed a House bill because it lacked sentencing published with Fair and Just Prosecution and
reform. With a strong bipartisan group of Senate New York Times reporter Emily Bazelon, we offer
sponsors, we pushed hard for a better plan. Once practical steps for prosecutors to transform their
the Senate added provisions to cut the number of profession – to mete out justice and mercy.
people entering prison, we mobilized support: The
New York Times cited our views in key editorials; Restoring Voting Rights for
Law Enforcement Leaders gave politically vital Formerly Incarcerated People
backing; Sen. Doug Jones (D-AL), a former member
of our group, praised the Brennan Center on the An ugly remnant of Jim Crow, Florida had a
Senate floor. lifetime ban on voting for anyone convicted of a
felony. More than 1.4 million could not vote –
Crafting State and Local Reform. disproportionately people of color. One in five black
As the federal law passed, we issued a slate of Floridians were permanently disenfranchised.
model state reforms – the only comprehensive
package focused on reducing prison populations. The Brennan Center challenged Florida’s law two
It would cut imprisonment nationwide by 39 decades ago. We lost in court then, but pressed
percent without risking public safety. on. Three years ago, our experts helped write
Amendment 4 to take the question to the people.
A remarkable coalition – civil rights groups, faith
leaders, conservatives, and formerly incarcerated
‘‘
people themselves – fought tenaciously to get the
measure on the ballot and to garner public support.
’’
justice reform in a generation.
10
Q&A Myrna Pérez
Deputy Director, Democracy
The restoration of voting rights to When I was young, my Tía Rosie used to take
Florida residents with previous felony me to vote when she voted on my way to school.
convictions was a monumental advance. I love voting. I love being with my neighbors. I love
How did that come about? going into my firehouse and seeing other people
It was decades in the making. It came from the who care. I love the poll workers, even when they
commitment of many, many people – persons mess up. I think the vote is a tangible and powerful
formerly incarcerated, activists, funders and symbol of the best of what this country can be.
scholars. The Brennan Center sued the state two
decades ago but didn’t prevail. We kept at it. After Now, in my office at the Brennan Center, I have
years of advocacy the coalition decided to try a photos of LBJ signing the Voting Rights Act, RFK,
constitutional amendment. We conducted research Rosa Parks, Cesar Chavez, Dr. King. They remind
and worked with groups on the ground to draft its us not to be wimpy in our pursuit of justice. It’s not
language. It needed 60 percent to pass. In the end, supposed to be easy. It’s supposed to be hard.
it got 64 percent. Election Day was indescribably
moving. My religious faith tells me that people can How can we make it easier for all people to
be transformed. The idea that a vote could participate in our democracy?
transform people — it changes someone from an We need to fundamentally reform our justice
outsider to a citizen — is something that is really system so that it is more fair and effective. And we
easy to get behind. need to end the disenfranchisement of Americans
in our communities who have criminal convictions
What moves you to do this work? in their past. We should adopt reforms like
The great civil rights historian Taylor Branch always automatic voter registration. We can increase early
calls the vote “a little piece of nonviolence.” I believe voting opportunities. And we can provide more
in the power of the vote. I believe in the commitment public education about the importance of voting.
that our country makes to resolving our political The incredibly high turnout in 2018 is a strong
differences. People who vote say, “I care about my signal to me that Americans have said, “enough!”
ILLUSTRATION: Lauren Crow
country, and it’s part of my right and responsibility But we have a long way to go.
to influence the direction of the country.”
Ethics rules, applied for the first time to the Ensuring Religious Freedom
president. A stronger Office of Government Ethics.
And protections for the independence of law Combating Profiling and Discrimination.
enforcement, including a law to shield special When the Trump White House announced its
counsels from arbitrary firing. Muslim travel ban in 2017, the Brennan Center
fought back. We represent Eblal Zakzok, a professor
Checking Presidential Emergency Powers. and Syrian refugee whose daughter is blocked from
In December, ahead of President Trump's joining her family in the United States. Despite
declaration of an emergency, The Atlantic setbacks, court proceedings continue. Justice Sonia
published our yearlong investigation, based on Sotomayor’s dissent in Trump v. Hawaii relied on
work with a bipartisan group of former national information unearthed by a Brennan Center lawsuit.
security officials and civil libertarians. It catalogued
136 statutes that give a president vast power in Our work goes deeper: We did research that
case of crisis, actual or imagined. They cover exposed a bureaucratic response that serves as a
almost every imaginable subject area, including de facto Muslim ban, “extreme vetting” of visitors.
the military, land use, public health, trade, federal We helped block an Immigration and Customs
pay schedules, agriculture, transportation, Enforcement plan to use over-reaching software
communications, and criminal law. The President's algorithms and online monitoring as a vetting tool.
declaration highlights the space for potential
approach reform of the legal system for Protecting the Integrity
national emergencies. of the Courts
Fair and Impartial Courts.
‘‘
A fair and impartial justice system is at great risk
in America. Most Americans think cash rules the
courts – and alarmingly, so do nearly half of state
’’
half of state judges. The Brennan Center fights to protect the courts
from politicization — convening experts, publishing
proposals for reform, and calling out what’s at stake
when judicial independence is threatened.
14
Q&A Liza Goitein
Co-Director, Liberty & National Security
Why does the president have abused emergency powers in a significant way,
emergency powers? that could do serious and even lasting damage
These powers are based on a sound idea: that to democracy and the rule of law.
ordinary laws might not be enough in a true crisis.
That’s because emergencies are, by their nature, I’ve been worried about other things since long
unpredictable. Emergency powers are meant to before Trump was elected. Before 9/11, intelligence
fill that gap, to give the president additional and law enforcement agencies operated on the
flexibility for a temporary period. principle that they would not collect private
information on Americans or conduct surveillance
When President Trump declared a national on them unless there was a reason to suspect
emergency to secure money to build the border wrongdoing. There was no bulk collection of
wall, you had just published a trove of research. information on Americans. That has really changed.
How did you achieve such perfect timing? Protections were dismantled, leading to surveillance
When Trump was elected, I immediately of Muslim Americans and other abuses.
thought, “What if 9/11 happened under this
president’s watch?” My fears were exacerbated I am also alarmed by the anti-immigrant sentiment
when Trump issued the Muslim ban, because that that this president has inflamed in the country. I have
was an emergency response in the absence of any 8-year-old twins who attend a bilingual school where
emergency whatsoever. So, I started researching half of their class is native Spanish speakers. When
emergency powers, and it didn’t take long for Trump was elected, they knew they had classmates
me to discover weaknesses in our existing with family members who were at risk of deportation.
legal framework. There’s no way to hide it in that setting.
authority to declare a national emergency and the advocating for policy changes to build checks and
powers he acquires when he does that. If he balances into the emergency powers legal system.
Winning legal and OVER THE PAST YEAR OVER OUR TWEETS
1.5
WERE VIEWED
policy change starts
74,000,000
with winning in the OVERALL MEDIA
MILLION
COVERAGE
court of public opinion.
That’s why Brennan
53% PEOPLE VISITED
OUR WEBSITE
Center has forged a COVERAGE IN
IN 2018
cutting-edge
communications work 4.1
MILLION
COVERAGE IN
as a central strategy. THE WASHINGTON POST
Our experts authored
21 publications in 46% PAGE VIEWS
2018, groundbreaking
COVERAGE IN OUR TWITTER
work that more than POLITICO AUDIENCE GREW TO
66% 109,000
doubled our press
ILLUSTRATION: Heads of State
New Ideas,
New Audiences
The Brennan Center hosted more than
30 public events and discussions in 2018
— providing fuel for new thinking, while
sharpening persuasive arguments aimed
at lawmakers and the public alike.
18
S H A PI N G T H E N A R R AT I V E
Trouble Makers
Cecile Richards,
former Planned Parenthood
President (right), and
Alyssa Mastromonaco,
President Obama’s deputy
chief of staff, discussed
the new power of women
in politics.
This page, clockwise from top: ©Slezak: Courtesy of NYU Photo Bureau, ©Paul Morigi, ©Saskia Kahn: Courtesy of NYU Photo Bureau.
Revolution Unfinished
Fifty years after the assassination
of Reverend Dr. Martin Luther King,
Jr., former Rep. Donna Edwards
(D-MD) and former Republican
National Committee Chairman
The Constitution Michael Steele (right) joined Brennan
vs. Trumpism Center Fellow Ted Johnson to reflect
From left, lawyers on King's life and legacy.
Elizabeth Wydra
(president, Constitu-
PHOTOS: Opposite page: ©Saskia Kahn: Courtesy of NYU Photo Bureau;
tional Accountability
Center), Neal Katyal
(former acting solicitor
general of the U.S.) and
Brennan Center’s Faiza
Patel (co-director,
Liberty & National
Security Program),
gathered to discuss
challenges to the rule
of law in 2018.
How Voter
Suppression is Carnegie Hall Festival
Damaging Our on the 1960s: Voting Rights
Democracy Then and Now
Emory University In partnership with Carnegie
Professor Carol Hall, the Brennan Center
Anderson (left) and hosted legendary journalist and
former NAACP President LBJ aide Bill Moyers (left),
Cornell William Brooks, with Kristen Clarke of the
This Page: ©Saskia Kahn: Courtesy of NYU Photo Bureau
2018 Brennan
former New Jersey Governor
Christine Todd Whitman for
Legacy
their lifelong commitment to
public service and shared
leadership of the National
Awards
Task Force on Rule of Law &
Democracy. We also honored
the company Salesforce as a
Dinner
vital force at the intersection
Financials
an
Gr
l a
du vi i
ts n nd I
Eve
l ia c
pe
In 2018, the Brennan
e S
om
55%
nc
Center grew to meet the
rI e Financials
challenges of the political
th INSTITUTIONAL AND Year Ended June 30, 2018
O FAMILY FOUNDATIONS
24
12%
FUNDRAISING
Organizational Expenses
16%
MANAGEMENT
& GENERAL
Fundraising
Year Ended June 30, 2018
Programs 12,800,852
Organizational 72%
Management
2,851,410
Expenses PROGRAMS
Programs
Expenses by Program
Year Ended June 30, 2018
18% 18%
COMMUNICATIONS
Democracy 4,861,391 JUSTICE
Justice 2,229,786
Liberty &
National Security
1,391,257
De
m Expenses by
Communications 2,323,299
Program
oc
rac
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sti
Federal ce
429,250
Advocacy/D.C.
12%
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Total 12,800,852 y&
Na Co FELLOWS
tio m
38%
Our 2018 revenues include funds raised above
na mu
lS
3%
ec nic
our annual budget for the Brennan Legacy Fund uri ati Fe
and Inez Milholland Endowment for Democracy.
ty on ll
s ow DEMOCRACY
FEDERAL
s
ADVOCACY/D.C.
Pu
b
Brennan Center for Justice 25
lic
Po
cy li
Ad &
vo
ca
cy
Our Supporters
$50,000 - $99,999
The Brennan Center The Joyce Foundation
The Klarman Family Foundation AJG Foundation†
would like to thank those John D. and Catherine T. MacArthur Patricia Bauman and the Hon. John
Foundation Landrum Bryant
who so generously Mertz Gilmore Foundation† BayTree Fund
supported our work in 2018, The John and Wendy Neu Foundation†
Rockefeller Brothers Fund
Community Foundation of Tompkins County
The Cooper-Siegel Family Foundation
with special recognition CREDO
$100,000 - $249,999 Theodore Cross Family Charitable Foundation
of the following leaders:* Bohemian Foundation The Ralph and Fanny Ellison Charitable Trust
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Kanter Family Foundation Crowell & Moring LLP Ken Miller and Lybess Sweezy
Alexander and Elizabeth Kendall Cuneo Gilbert & LaDuca, LLP Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C.
Kirkland & Ellis LLP Joan K. Davidson (The J.M. Kaplan Fund) Leo Model Foundation
Susheel Kirpalani Craig Dessen and Kerrie Horrocks Morvillo, Abramowitz, Grand, Iason, & Anello PC
Martin and Ruth Krall Howard Dickstein and Jeannine English Douglas and Sue-Ellen Myers
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Media Democracy Fund Barbara Eyman and Robert Antonisse PepsiCo
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28
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30
S U P P O R T E RS
In 2018, the Brennan Center for Justice Our work depends on the support of our
completed a special initiative to lay the pro bono partners, who fight alongside us
groundwork for an even stronger future. for democracy, justice and the rule of law.
The Brennan Legacy Fund Arnold & Porter Morvillo Abramowitz Grand Iason
We established this $5 million fund to ensure the Center has the resilience Covington & Burling LLP & Anello PC
and the resources to rise to the urgent challenges and opportunities ahead. Cravath, Swaine & Moore LLP O’Melveny & Myers LLP
Davis Polk & Wardwell LLP Patterson Belknap Webb & Tyler LLP
Inez Milholland Endowment for Democracy Davis Wright Tremaine LLP Paul, Weiss, Rifkind, Wharton &
Debevoise & Plimpton LLP Garrison LLP
With the generous support and vision of The WhyNot Initiative, Dechert LLP Pillsbury Winthrop Shaw Pittman LLP
we formed the Inez Milholland Endowment for Democracy. Inez Milholland Emery Celli Brinckerhoff & Abady LLP Profeta & Eisenstein
(1886-1916) was the bold, vibrant face of the women’s suffrage movement Eversheds Sutherland Quinn Emanuel Urquhart &
in the United States, an ardent fighter for equality and social justice, and a Fried, Frank, Harris, Shriver & Sullivan, LLP
graduate of New York University School of Law. The Endowment supports Jacobson LLP Ropes & Gray LLP
the Center’s Democracy Program. Gibson, Dunn & Crutcher LLP Schulte Roth & Zabel LLP
Hogan Lovells Simpson, Thacher & Bartlett LLP
Brennan Legacy Circle Holwell Shuster & Goldberg LLP Stroock & Stroock & Lavan LLP
The Brennan Legacy Circle recognizes leaders who have included Jenner & Block LLP Wachtell, Lipton, Rosen & Katz
the Center in their estate planning – a meaningful way to ensure longevity Kendall Brill & Kelly LLP Weil, Gotshal & Manges LLP
in the fights for democracy and justice that lie ahead. Kirkland & Ellis LLP Wilmer Cutler Pickering Hale
Latham & Watkins LLP and Dorr LLP
For more information, please contact Jennifer Weiss-Wolf, Vice President Mayer Brown LLP Wilson Sonsini Goodrich & Rosati
for Development, at jennifer.weiss-wolf@nyu.edu or (646) 292-8323. Miller, Canfield, Paddock Winston & Strawn LLP
and Stone, P.L.C.
32
Who We
Who WeAre
Are