This article was originally published by The ACLU.

Rachael Eisenberg, Senior Director, Criminal Justice Reform, Center for American Progress

Kate Kahan, Director of Federal Policy, Vera Institute of Justice

Nicole Lee Ndumele, Senior Vice President, Rights and Justice, Center for American Progress

Udi Ofer, Director, Justice Division, ACLU National Political and Advocacy Department

Last week, the Biden administration signed an executive order on police reform. The order comes two years after George Floyd was murdered at the hands of police in Minneapolis, which sparked nationwide protests against the violence inflicted on Black people by the police officers charged to serve and protect them. People took to the streets demanding action, not just to hold individual officers accountable, but also to challenge the systemic racism that has been ingrained into American policing since the country’s founding. Commemorating this grim moment in American history yet again serves as a critical reminder of all that still needs to change to do justice to George Floyd’s memory — and the memory of countless other Black people who have suffered from police violence outside of the national spotlight. People who have been killed by police officers while leaving a convenience store, sleeping in their bed, or being pulled over for a traffic stop.

https://twitter.com/POTUS/status/1529567016734150657

The executive order, “Advancing Effective, Accountable Policing, and Criminal Justice Practices to Enhance Public Trust and Public Safety,” represents the most substantial federal action on police reform since George Floyd’s murder and comes after the Senate failed to pass the more comprehensive George Floyd Justice and Policing Act in 2021. Yet, it does not go nearly far enough to save lives. Reforming the institution of policing and reimagining safety remains an urgent priority that will require brave and sustained commitment across all levels of government as well as collaboration with communities that have been most harmed by police violence.

Key reforms in President Biden’s executive order include:

  1. Improving data collection. All federal law enforcement agencies will contribute to a National Law Enforcement Accountability Database regarding instances of police misconduct as well as submit information to the FBI related to use-of-force incidents. The U.S. attorney general will review the status of and compliance with federal reporting requirements. This also includes the issuance of guidance to state, local, and tribal law enforcement agencies on best practices for contributing their data to federal systems.
  2. Revising use-of-force standards. All federal law enforcement agencies will revise their use-of-force policies to ensure they meet or exceed the standards included in the recently revised policy for the Department of Justice. The DOJ’s policy provides that use of force is permitted only when “no reasonably effective, safe, and feasible alternative appears to exist.” All federal law enforcement use-of-force policies will also include de-escalation provisions as well as an affirmative duty to intervene to stop excessive use of force and render medical aid.
  3. Limiting the use of no-knock entries. Building upon the U.S. Department of Justice’s September 2021 policy, all federal law enforcement agencies will be prohibited from the use of no-knock entries unless an agent has reasonable grounds to believe that knocking and announcing the agent’s presence would create an imminent threat of physical violence to the officer and/or another person.
  4. Limiting the militarization of law enforcement. Federal agencies are restricted from transferring or selling additional types of military equipment to state, local, and tribal law enforcement agencies, expanding the Obama-era restriction on this practice.
  5. Credentialing of police agencies. The attorney general will develop and implement a process by which state, local, and tribal law enforcement agencies will seek accreditation by an independent entity.
  6. Leveraging federal grants. Federal discretionary grants will be awarded to state, local, and tribal governments to encourage compliance with the executive order. This will include an assessment of what discretionary grants will be limited to the law enforcement agencies that achieve accreditation.
  7. Improving crisis response to include alternatives. Guidance will be issued and resources identified to support state, local, tribal, and territorial officials as they implement a range of alternative first-responder models to meet the needs of people experiencing a behavioral or mental health crises or persons who have disabilities. This includes civilian community responder models being developed in jurisdictions across the country that do not include the police as first-responders.

The executive order also contains important provisions that improve investigations into deaths in police custody; strengthen the effectiveness of pattern-of-practice investigations; ban chokeholds and carotid restraints except in certain circumstances where use of deadly force is authorized; enhance recruitment, training, and retention practices; ensure the use of body-worn cameras by federal law enforcement officers; and advance key criminal justice reform and reentry measures.

The administration should also continue to push for stricter use of force standards at all levels of policing, making it clear that deadly force in particular should only be used as a last resort and once all other options are exhausted, and fully use its grant-making authority to influence state, local, and tribal law enforcement agencies to align their policies with federal standards. It should also close the remaining loopholes in the transfer and sale of military equipment to local police. Finally, this order will only be as strong as its implementation. The administration must ensure proper protocols and training to implement this order broadly and to help change the culture of policing today.

State, local, and tribal police departments should expand upon the executive order, which only governs federal officers. The vast majority of peoples’ interaction with police are with state, local, and tribal law enforcement. Since George Floyd’s murder and the protest movement that followed, many jurisdictions have begun taking a range of official actions to improve policing in their communities. States and localities should continue to grow these important efforts in ways that produce meaningful accountability for law enforcement and respond to public calls for reform by passing comprehensive statewide legislation; enhancing data collection and reporting; and directly changing harmful and racially disparate policies, including by creating community-centered safety and investing in prevention.

Congress must also do its part by passing comprehensive police reform legislation that creates meaningful accountability and restores trust between police and the communities they serve by eliminating qualified immunity and strengthening civil rights protections. This includes legislative reforms to the federal statute, Section 242, which defines the circumstance when a government official can be criminally responsible for violating someone’s civil rights. Section 242 does not specifically define prohibited conduct and has historically been interpreted too narrowly, failing to hold police officers accountable for a wide range of misconduct.

https://action.aclu.org/petition/divest-police-invest-black-and-brown-communities

Legislative action is also needed to eliminate the judicial doctrine of qualified immunity that drastically reduces the legal liability of police officers. Qualified immunity limits the circumstances in which an individual can sue a police officer for violating their civil rights only to situations where the behavior violates “clearly established law.” This strict legal standard curtails accountability in policing to such a degree that officers face few repercussions — even when their conduct violates the Constitution. While it is broadly recognized within the police reform movement that changes to the doctrine of qualified immunity and Section 242 are needed, Congress will need to pass legislation for these changes to become law.

No more lives should be lost to police violence. Elected officials must be responsive to public demands for reforms to the institution of policing that create a meaningful standard of accountability; erode systemic racism in the criminal legal system; and improve relationships between police and the communities they serve. Moreover, we must continue to reimagine public safety by creating alternatives that are community-centered and also focus on prevention.

Date

Wednesday, June 1, 2022 - 3:00pm

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The WNBA Commissioner’s Cup competition is in its second year, but this season, teams are playing for more than bragging rights and a trophy. The league and teams are collaborating with organizations in each market that are tied to voting in the communities, and for each Commissioner’s Cup regular season game, the WNBA is donating $2,000 to the winning team’s chosen organization and an additional $500 to the losing team’s chosen organization.  

To spotlight the Championship Game, the league will also donate $10,000 to the winning team’s organization and $5,000 to the organization of the runner-up. The accumulated donation dollars will be presented to each organization at the conclusion of the Commissioner’s Cup presented by Coinbase.   

“Voting rights are under attack in many states across this country, as more than 500 bills that restrict voting access have been introduced in state legislatures over the last two years alone,” said Aces President Nikki Fargas. “These new laws disproportionately impact communities of color, which is why we are excited to announce that we are partnering with ACLU Nevada for the 2022 Commissioner’s Cup.  

“ACLU Nevada and the Las Vegas Aces both believe that ‘when Nevadans vote, democracy wins.’ Voting is the foundation of our democracy, and we are proud to stand alongside the ACLU of Nevada as they work to protect that right.”  

“The state of Nevada in recent years has become a national leader in voting rights, but our state is now fighting back targeted attempts to take us backward by making it harder to access elections, by undermining and threatening our election officials, and by spreading misinformation and sowing distrust in our election processes,” said ACLU of Nevada Executive Director Athar Haseebullah. “The Las Vegas Aces are a pillar of our community, and we’re so grateful to have their support in this fight. 

“The freedom to vote is the foundation of our democracy, and the ACLU of Nevada will continue working to protect that right each election. Our dedicated attorneys and advocates will monitor potential issues at the polls and make sure our community has the information they need to participate each step of the way.”  

The ACLU of Nevada is a nonpartisan nonprofit working to protect and expand civil rights and liberties for all people in the Silver State. It works through policy advocacy, public education, and even litigation to make sure all eligible voters have access to the ballot. Community members who would like to get involved can make a donation or join the union at aclunv.org/join. 

The Aces are 2-0 in Commissioner’s Cup play so far this season, which means the WNBA has already donated $4,000 to ACLU Nevada and the cause of preserving voting rights in the Silver State. Las Vegas has three Cup games on the docket over the next two weeks beginning with Tuesday’s 7 pm PT tip against the Phoenix Mercury at Michelob ULTRA Arena.   

The 2022 Commissioner’s Cup Hub is live on WNBA.com, complete with a leaderboard that highlights the teams’ charities and donations. 

Launched in 2021 as part of the league’s 25th season, the WNBA Commissioner’s Cup presented by Coinbase is an in-season competition that designates a portion of regular-season conference games in the first half of the season (10 per team) as “Commissioner’s Cup games.” The event provides added incentive, with a half million dollars on the line for players, and offers fans enhanced conference rivalry competition through which to support their favorite teams.

View the home game schedule and support the Aces!

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Tuesday, May 17, 2022 - 1:15pm

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This article was orignially published by The ACLU.

With the increasing likelihood that the Supreme Court will overturn Roe v. Wade, the rights and lives of millions are on the line. But this fight isn’t just taking place at the Supreme Court. Here’s how you can take action.


Pledge

No matter where you live, you can join the fight and support our partners fighting for abortion rights. A good place to start? Take the pledge to show your support.


Mobilize

The ACLU is joining partners in a nationwide mobilization on Saturday, May 14. RSVP now to join a Bans Off rally near you.

https://www.plannedparenthoodaction.org/rightfully-ours/bans-off-our-bodies#events


Text

Can’t attend a rally or would prefer a more remote option? Text FIGHTBACK to 826-23 to join ACLU alerts for more actions and updates on the crucial work ahead – delivered right to your phone.*


Talk

Check out our guide to discussing abortion rights at the dinner table.

https://www.aclu.org/news/reproductive-freedom/your-mini-guide-to-discussing-abortion-rights-at-the-dinner-table

 


Vote

sign reads" Take your rage to the voting booth"

Credit: Gwen Schroeder

As we head into the midterm elections and prepare for the 2024 national election, we must center abortion in the public debate for all elected officials, and support candidates who unequivocally support abortion rights. You can ask your elected officials and local candidates where they stand on reproductive rights, and demand commitments to protecting abortion access. To fight back, research your candidates and spread the word.

 


Donate

Across the country, abortion funds are helping people access care by providing financial assistance to patients in need. You can help expand the impact by donating to an abortion fund today.

For more information on how to get support when seeking an abortion, check out the National Network of Abortion Funds.

You can also donate to help the ACLU continue our fight for reproductive freedom. Together, we will work toward a better future — one in which everyone is free to make decisions about their own lives and futures.

A pro-abortion sign at a rally in New York.

Credit: Gwen Schroeder

In courthouses and state legislatures across the country, the ACLU is challenging abortion restrictions and promoting abortion access in close collaboration with local providers and our partners. We’ve already shown we can win, and our strategies continue to evolve as the fight for bodily autonomy does. Our advocacy efforts have helped pass legislation protecting or expanding abortion access in Illinois, Massachusetts, New Jersey, and Rhode Island. And after years of advocacy, we won a federal lawsuit challenging a Food and Drug Administration (FDA) rule that required patients seeking mifepristone, a safe drug used for abortion, to pick up the pill in- person at a medical facility. The FDA has permanently repealed the in-person dispensing requirement since that victory, expanding essential access to abortion in states across the country.

Whatever the Supreme Court decides about Roe, the ACLU will never stop defending people’s right to decide when and whether to have a child, and to ensure that everyone who has decided to have an abortion has access to the care and support they need. The ACLU has been fighting for abortion access since before Roe v. Wade was decided, and the work continues. We are committed to using the full force of the organization to do this. We will continue to fight in the courts, in statehouses, and in Congress, at the ballot box through ballot measures and other races, and in the streets — not just today — for as long as it takes.

*By texting FIGHTBACK to 826-23 you are agreeing to receive phone calls and texts (including automated recurring text messages) from the ACLU and its state affiliates at the contacts provided. Message & Data Rates May Apply. Text STOP to opt out of automated texts. Privacy statement.

Date

Thursday, May 12, 2022 - 5:15pm

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