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

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...

Things Aren't Looking Good for Reproductive Rights in Texas

AP Photo/Eric Gay, File
AP Photo/Tamir Kalifa, File On Tuesday, there was at least one good piece of good news for supporters of reproductive freedom, as the proposed post-20-week abortion ban the Prospect 's Amelia Thomson-DeVeaux covered earlier this week was defeated by an encouraging ten-point margin . At another venue, however, there was bad news for the reproductive rights of women. A bare majority of the Supreme Court allowed the draconian new abortion restrictions passed by the Texas legislature to go into effect, and did so in a way that represents bad news for the possibility of the law being struck down by the Court. The question the Supreme Court was considering was an appeal to a decision written by ultra-reactionary Circuit Court Judge Priscilla Owen "staying"—that is, preventing from going into effect—a District Court ruling holding some parts of the Texas law unconstitutional. Owen's absurdly narrow reading of Casey was not surprising, and unfortunately it's not necessarily an inaccurate...

Civil-Rights Law Dodges a Bullet in Mount Holly

AP Photo/Stephan Savoia, File
Late last week, there was a very rare piece of good news involving civil rights and the Roberts Court. The news was good because a crucial civil-rights case will no longer involve the Roberts Court. The township of Mount Holly, New Jersey settled a lawsuit brought under the Fair Housing Act (FHA), and in so doing thankfully deprived the five Republican appointees on the Supreme Court of another opportunity to take a meat axe to federal civil-rights protections. The suit involved a plan by the township to "redevelop" Mount Holly Gardens, a low-income neighborhood with predominately African-American and Hispanic residents. As detailed by MSNBC's Adam Serwer, under the plan Mount Holly would "buy the aging homes, raze them and replace them with higher-end housing the residents couldn’t afford." Because of a variety of factors including the bursting of the real-estate bubble, much of the demolition went forward but the redevelopment didn't. Residents of Mount Holly Gardens brought suit...

The Indefensible Filibuster of Nina Pillard

AP Photo/Manuel Balce Ceneta
Flickr/Cliff S enate Republicans have continued their blockade of nominations to the powerful D.C. Circuit Court of Appeals. On Tuesday, the GOP minority blocked a vote on the nomination of Cornelia ("Nina") Pillard to the D.C. Circuit. Fifty-six senators voted in favor of moving forward with the nomination. Pillard is typical of the circuit court judges the Republican minority has had a particular distaste for. First, she's not a white male. And second, she has utterly mainstream legal views that hardly meet the "extraordinary circumstances" the Senate allegedly requires to filibuster a judicial nominee. On the first point, Jennifer Bendery of Huffington Post observes that the three women the GOP minority has now prevented from getting up-or-down votes are part of a trend: Ten of the sidelined judicial nominees are women, two are openly gay and nine are minorities (seven are African American, one is Asian American and one is Native American). The lone executive nominee being blocked...

No, Obama Isn't Trying to "Pack the Court"

AP Photo/Evan Vucci
Like a not very bright seven-year-old with a shiny new toy, the National Review has found an inane talking point to run into the ground. "Republican AGs vs. Obama’s Court-Packing Plan" announces one headline. "House Testimony on D.C. Circuit Court-Packing Plan" says another. Then there's the straight-the-point " No Court Packing ." The sheer dumbness of the argument hasn't stopped it from appearing in columns with the byline of members of the United States Senate, also published in a journal that may stand athwart history even if it has little comprehension of it: It is one of the most important battles raging in Washington, a fight that will have far-reaching consequences for everything from health care and the regulatory state to gun rights and the war on terrorism. Yet most Americans have heard nothing about it. I’m talking about Democratic efforts to pack the U.S. Court of Appeals for the D.C. Circuit. What conservatives are whining about, of course, is the Constitution. President...

Pages