Scott Lemieux

Scott Lemieux is an assistant professor of political science at the College of Saint Rose. He contributes to the blogs Lawyers, Guns, and Money and Vox Pop.

Recent Articles

The Year in Preview: The First Amendment Takes Center Stage

AP Photo/Pablo Martinez Monsivais
Lots of things happened in 2013. President Obama was sworn in for a second term. We got a new pope and a new royal baby. Two bombs went off at the Boston Marathon and frightened a nation. The Supreme Court stripped power from the Defense of Marriage Act and the Voting Rights Act. But these are all stories we've heard before, and if you haven't, you certainly will in the millions of "Year in Review" pieces set to be posted between now and New Year's. Over the next two weeks, our writers will instead preview the year ahead on their beats, letting you know far in advance what the next big story about the environmental movement—or immigration reform, reproductive rights, you get the picture—will be. You're welcome in advance for not making you read a dozen more retrospectives on Ted Cruz and Twerking and fiscal cliffs and shutdowns and selfies. Today, we cover the upcoming year on the Supreme Court docket. (AP Photo/J. David Ake) 2 014 will be an important year for the First Amendment. In...

Rewarding Reduced Crime Rates—Not Mass Incarceration

Flickr/wwarby
An increasing number of people, up to and including the Attorney General of the United States, have condemned mass incarceration in the United States. The effects of having 5 percent of the world's population but nearly 25 percent of its prisoners housed within our borders are profound . It needlessly ruins countless lives, costs enormous sums of money that could go to more useful purposes, and disproportionately affects racial minorities. As the opposition to mass incarceration builds, a new report from the Brennan Center of Justice makes a valuable contribution to the question of how imprisonment rates can be reduced. Legislators on the Hill—from both parties—have made some tentative steps towards prison reform. But, it isn't clear how much these steps can help; most imprisonment in the United States happens under states' watch. The reforms suggested by the Brennan Center report—written by Inimai Chettiar, Lauren-Brooke Eisen, Nicole Fortier, and Timothy Ross—are particularly...

The Affordable Care Act v. Supreme Court, Round 2

AP Photo/Tony Gutierrez
AP Photo/Carolyn Kaster Y esterday, the Supreme Court agreed to hear two cases questioning the Affordable Care Act's contraception mandate: Conestoga Wood Specialties Corp. v. Sebelius and Sebelius v. Hobby Lobby Stores, Inc . These rulings could have potentially major implications for the rights of American women. Let's consider the issues at hand, one at a time: Does the contraceptive mandate violate religious freedom? The key question in both cases is whether the contraceptive mandate violates the Religious Freedom Restoration Act. This legislation requires any policy placing a "substantial burden" on religious Americans prove that said burden serves a compelling government interest. Both Conestoga Wood and Hobby Lobby contend that the Affordable Care Act's demand that they offer contraception coverage to their employees does not pass the Religious Freedom Restoriation Act's test. But, as the Prospect 's Amelia Thomson-DeVeaux asks , is the mandate actually violating the religious...

Four Reasons the Nuclear Option Was a Liberal Win

The detonation of the "nuclear option" against the filibuster for executive branch and most judicial-branch appointments was an obvious win for progressives . If, as seems likely, the use of the nuclear option puts the filibuster on the road to complete oblivion, this is an even bigger win for progressives, as the filibuster is a reactionary device both in theory and in practice . And yet, many people on all parts of the ideological spectrum have resisted this conclusion. Here are some of the major arguments being made against the deal from a Democratic perspective—and why they're wrong. 1. Democrats Will Be Sorry, Because This Means Republicans Will Keep Doing What They've Been Doing Since the Reagan Administration As I discussed in my initial reaction to the historic action of Reid and the Democratic caucus, the debate over whether to end most judicial filibusters has involved numerous threats by Republicans to keep appointing the same kinds of judges that conservative presidents...

Harry Reid's Triumph

At least when it comes to executive branch and (most) judicial branch appointments, to paraphrase Leonard Cohen, democracy is coming to the United States Senate. Senate Democrats responded to the Republican minority's blockade against any Obama appointments to the D.C. Circuit by eliminating the filibuster for most presidential nominations. This vote will likely be the most important congressional vote of President Obama's second term, and Senate Majority Harry Reid and most of the rest of the Democratic caucus deserve immense credit for pulling it off. I have explained at length why I believe that the filibuster is an indefensible practice. The short version is that the American political system already has an inordinately high number of veto points, so anyone favoring additional extraconstitutional ones should face a very high burden of proof. The filibuster, with its long and dismal history of allowing overrepresented minorities to prevent Congress from addressing the interests of...

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