The Briefing with Michael Waldman

The Supreme Court term starts the first Monday in October. It’s an annual reminder that the institution looms large over our governmental system. The Court is no longer coequal branch, but in many ways a super-legislature. Its members are unelected and serve for life. Some believe it has been captured by a faction of a faction. And its power only grows.

What will this term bring? What are the key cases that will be argued? What role will the Court play in deciding the outcomes and fairness of the 2026 election? And, do we need a shadow Supreme Court? 

POLITCO’s Josh Gerstein joins Michael Waldman on what to expect from the justices this term. The Brennan Center’s Alicia Bannon and Eliazar Chacha discuss reforms that would improve the Court. Finally, Fordham law professor and Brennan Fellow Julie Suk proposes some provocative ways to change how the Court operates. 

Check out the Substack exclusive with more from Julie Suk, and her new book: The Shadow Court: Rescuing Democracy from the Supreme Court.

Recorded on September 29, 2026. The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so that they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

We are weeks away from a consequential midterm election, which will set the course for the president’s final two years in office and beyond. Yet we have no way of knowing is who exactly is spending billions of dollars to try to sway the outcomes.

This week, Michael sits down with New York Times reporter Theodore Schleifer to talk about his reporting on this, which outlines the huge amount of dark money sloshing around the upcoming election. Then, Brennan Center experts Dan Weiner and Kareem Crayton join to discuss what can be done about the issue of big money corrupting our politics.

You can read more from Schleifer here and the Brennan Center’s solutions to political corruption here.

Recorded on September 22, 2026. The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so that they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

The Trump administration has been leading an unprecedented campaign to undermine Americans’ right to vote. Luckily, his legislative attempts and executive orders have been halted by Congress and the courts. But will this matter if confusion encourages voters to sit out the midterms?

This week, Michael is joined by Brennan Center experts to discuss the current state of voting rights and how to protect them, outlined in our newest report: ​​Eight Solutions to Protect Voting Rights and Improve Representation.

Our proposals include banning partisan gerrymandering, expanding the House of Representatives, and ensuring that the popular vote determines the presidency. 

As always, we encourage you to make a plan to vote! 

Recorded on September 14, 2026.

The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so that they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

Are we a country based on ideals, on the American creed set out in our founding documents? Or are we a nation of blood and soil, as Vice President JD Vance has argued? Both these strains run throughout American history. Those of us on the side of equality and inclusion have much to learn from those who have come before. 

This week we’re joined by Ben Rhodes to discuss his new book, All We Say, in which he compiles 15 speeches that articulate various sides of these debates over American identity. Rhodes is a former speechwriter for President Obama and the current co-host of Pod Save the World. 

Recorded on August 17, 2026.

The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so that they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

This week, the Supreme Court issued a ruling on Donald Trump’s executive order on mail voting. Headlines suggested that the justices had given Trump a green light. 

What did the Supreme Court actually do? And what does this mean for voters?  

In this urgent episode of The Briefing, Michael Waldman clears away the confusion, as well as explains the Court’s action and what comes next. He says, “I’m annoyed, but not freaked out. The Court’s ruling was a procedural one, with a great deal of legal back and forth to come. The executive order is still illegal and still unconstitutional. The bottom line: For voters, so far, nothing has changed – and is unlikely to before Election Day.”  

Recorded on August 25, 2026. The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so that they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

Does Congress need reform? To many, it's weaker and more hollowed out than ever. But it doesn’t have to be this way. 

Brennan Center expert Maya Kornberg has extensively researched the institution’s complexities and created a list of solutions that could make it stronger and more productive at responding to the needs of the American people.

We discuss her proposed solutions and debate reform with Rep. Tom Malinowski, a former lawmaker.

Read our report, Eight Solutions to Unstick Congress.

Recorded on August 11, 2026.

The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so that they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

We’re back! After a summer hiatus, the podcast returns to discuss a major new study by the Brennan Center on how artificial intelligence can affect the upcoming election. 

A team of technology experts looked at how popular chatbots responded to prompts related to election conspiracy theories. 

We found good news and bad news. Chatbots often pushed back against false information, but they were also skilled at creating false images and disinformation. 

Listen as the lead authors discuss their findings, and read the report yourself here: https://www.brennancenter.org/our-work/research-reports/does-ai-fight-or-fuel-election-disinformation 

Recorded on August 11, 2026.

The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so that they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

We’re about 110 days out from the midterms, and the threats to our elections are mounting. This week alone, President Trump fired all remaining members of the Election Assistance Commission, the federal agency that helps states fund and administer elections. At the same time, a federal judge blocked baseless subpoenas targeting election workers in Fulton County, while the Department of Justice sent threatening letters to election officials across the country.

On this week’s episode of The Briefing, Michael Waldman is joined by fellow Brennan Center experts to break down the federal government’s latest attacks on our elections — and the relentless work to push back and protect the vote.

Recorded on July 13, 2026.

The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so that they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

This week, Michael is joined by Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights, for a wide-ranging conversation on the power of coalition building in a moment of deep challenge. 

Drawing on her experience as a lifelong activist and the daughter of influential organizers, Wiley offers perspective and stresses urgency. At a time marked by rising discriminatory rhetoric, the weaponization of government power, and growing concerns about corruption, she offers a clear sense of what comes next and why collective action still matters.

Check out Maya Wiley’s memoir here: https://www.hachettebookgroup.com/titles/maya-wiley/remember-you-are-a-wiley/9781538739952/ 

Recorded on July 7, 2026.

The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so that they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

As the nation approaches its 250th birthday, the Supreme Court has ended its term with a slew of rulings that further undermine our constitutional system of checks and balances and allow more money to flood our political system.

What do the Court’s most recent rulings mean for executive power? Where does Congress fit in? Can any campaign finance regulation ever be legal? Is birthright citizenship living on borrowed time? How can we fight back? 

These are some of the questions Brennan Center experts discuss in-depth in this week’s episode. Take a listen and share with friends.

Recorded on July 1, 2026.

The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so that they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.