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 has represented several
detainees at the
Guantanamo Bay detention camp, and also
U.S. citizens or
legal residents held as
unlawful enemy combatants. Attorneys from the Brennan Center challenged a
U.S. president's authority to declare a prisoner to be an unlawful enemy combatant in the
war on terror. They have also challenged the
U.S. Congress's power to deny
habeas corpus to such prisoners. The Brennan Center assisted in drafting and enacting the
Bipartisan Campaign Reform Act of 2002 (BCRA). The law banned
soft money contributions to
political campaigns. The organization helped Senator
Dick Durbin write the
Fair Elections Now Act. The Brennan Center advocated for the passage in 2010 of New York's law ending prison-based
gerrymandering, 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. The Brennan Center represented
plaintiffs Margarita López Torres, other unsuccessful judicial candidates, and
Common Cause, in a
lawsuit that challenged the way New York state
trial judge candidates gain access to the ballot. They prevailed in the
U.S. District Court and in the
U.S. Court of Appeals for the 2nd Circuit. In 2007, attorneys from the Brennan Center argued
N.Y. State Bd. of Elections v. Lopez Torres before the
United States Supreme Court. In 2008, the court ruled for the state. In 2015, the Brennan Center submitted an
amicus curiae brief with the
Supreme Court of Wisconsin, 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. The Brennan Center research has also indicated that instances of
voter fraud by citizens and non-citizens are very rare. In 2021, the Brennan Center represented Ohio citizens groups in their efforts to stop
gerrymandering and, after winning judgments in the state Supreme Court did not improve district maps, the Center supported a
2024 ballot initiative. In 2023, the Brennan Center surveyed election administrators, finding many plan on retiring before the 2024 presidential election. The Brennan Center filed a friend of the court briefing in the U.S. Supreme Court in the case of Moore v. Harper. In oral arguments on December 7, 2022, the Brennan Center urged the United States Supreme Court to allow the North Carolina Supreme Court to strike down the state legislature’s congressional map for violating the North Carolina Constitution. The Brennan Center for Justice is a partner organization of
VoteRiders. In 2024, the Brennan Center, VoteRiders, and other organizations released research on proof of citizenship in the U.S., finding that more than 21 million Americans would not be able to quickly locate a passport, birth certificate, or naturalization papers as proof of citizenship within 24 hours. The research also concluded that nearly four million American citizens (two percent of U.S. citizens) lack access to any form of proof in citizenship. Later in 2024, the Brennan Center also released a report focused on state-by-state redesigns of election rules in the aftermath of the 2020 election. In 2025, the Brennan Center filed a lawsuit on behalf of a coalition of voting rights organizations, including the
League of Women Voters and the
NAACP, challenging President Trump's
Preserving and Protecting the Integrity of American Elections executive order, which directs the
Election Assistance Commission to require documentary proof of citizenship for the federal voter registration form. == Funding ==