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

Yet Another Legal Attack on Obamacare

AP Images/Pablo Martinez Monsivais
On Tuesday, federal courts heard two of the seemingly endless ad hoc legal challenges generated by Republicans opposed to the Affordable Care Act. Most of the attention was captured, for good reason, by the arguments at the Supreme Court , which concerned the claims by Hobby Lobby and other corporations that they should be exempt from the Affordable Care Act's requirements that insurance cover contraceptives. But a lawsuit with the potential to do far greater damage to the Affordable Care Act went before the D.C. Circuit as well. In a more rational universe, these arguments would be laughed out of court—but the oral arguments suggest that there are still numerous Republican judges willing to damage the Affordable Care Act by any means necessary , even if it means accepting arguments virtually nobody would have taken seriously five years ago. This challenge to the ACA is based on a drafting error in the law. In addition to a major expansion of Medicaid (which the Supreme Court...

Ruth Bader Ginsburg, Retirement, and the Value of Term Limits

AP Images/J. Scott Applewhite
There is a debate among liberal intellectuals about whether it's appropriate to urge Ruth Bader Ginsburg to step down with the Democrats still in control of the Senate and White House. It's a discussion that brings up a lot of fascinating questions of public obligation and the respect due to individuals. But the key takeaway should be this: The decision about whether to retire should be taken out of the hands of individual justices. The argument for Ginsburg stepping down now, made most recentl y by the eminent legal scholar and dean of the law school at the University of California-Irvine, Erwin Chemerinsky, is straightforward and compelling on its own terms. If Ginsburg remains on the Court and leaves the Court with a Republican occupying the White House, the most likely result would be Antonin Scalia or John Roberts being the median vote on the Supreme Court. This would be a disaster for the country and, more to the point, for the values that Justice Ginsburg has spent her life...

Did the Right Set Obama's Agenda?

AP Images/Pablo Martinez Monsivais
Adolph Reed Jr.'s powerful March Harper 's cover story has generated a valuable discussion about the relationship between the left and the Democratic Party. This discussion has been joined at the Prospect, with Harold Meyerson responding to the original essay and Reed countering. While we may be reaching the saturation point for discussion, however, I did want elaborate on a point made by Meyerson about where the Democratic Party is now. A core question posed by Reed's essay is whether the Democrats have continued to shift to right since their retrenchment in the Reagan era, or whether the left's influence is on the increase. Like Meyerson, I'm not persuaded by Reed's argument that the Obama era represents a continuation or worsening of the left's marginalization during the Clinton administration. In his initial essay, Reed argued that progressives had to face up to the "absolute impotence" of the left in American politics and the extent to which Democratic Party elites had limited...

The Disgraceful Rejection of Debo Adegbile

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Debo Adegbile, President Obama's nominee to head the Civil Rights Division of the Department of Justice, was rejected by the Senate earlier this week. This is a dismaying vote, a combination of Republicans increasingly hostile to civil rights and a small but crucial number of Democratic senators too timorous to stand up to Republican smear campaigns. The primary ostensible basis for the rejection of the eminently qualified Adegbile was his small role in the legal defense of Mumia Abu-Jamal. Abu-Jamal was convicted for the 1981 murder of a Philadelphia police officer, and as Michael McGough says it's fair to say that Abu-Jamal has been "the beneficiary of uncritical adulation and a form of 'radical chic'" from some activists and celebrities both home and abroad. Certainly, Abu-Jamal is not my idea of a hero, but this is all irrelevant to Adegbile. He wasn't spending his time leading "Free Mumia" rallies or defending the murder of police officers. He simply part of the team at the NAACP...

Who Cares About Clarence Thomas's Silence?

AP Images/Michael Dwyer
8 years ago this month, the Supreme Court heard oral arguments in a case called Holmes v. South Carolina . Justice Clarence Thomas began to question one of the litigators—"Counsel, before you change subjects..."—and pursued his line of inquiry with a lengthy follow-up. This otherwise ordinary event is now famous, because it represents the last time Justice Thomas has asked a question at oral argument. To many liberals already disinclined to take a charitable view towards a reactionary jurist, this is a major dereliction of duty at best. The latest to make this argument is Jeffrey Toobin, the invaluable legal analyst at the New Yorker . Thomas's behavior, claims Toobin, "has gone from curious to bizarre to downright embarrassing," and "[b]y refusing to acknowledge the advocates or his fellow-Justices, Thomas treats them all with disrespect." Toobin's argument is more narrowly focused and plausible than many similar critique's of Thomas's ongoing silence. But I remain...