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

Why the Courts Matter to LBGT Rights

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The eminent legal scholar and federal judge Richard Posner has a self-described "revisionist" piece on litigation and same-sex marriage in The New Republic . Since it is partly a review of Michael Klarman's From the Closet to the Altar , much of what I have to say about Posner's piece is contained in my review of the Klarman book , and I won't repeat all of those arguments in the same detail here. But Posner's piece is instructive because it embodies some fallacious assumptions about institutional change in American politics that cause many scholars to misundertand the role litigation can play in social reform. What's most telling in Posner's review for me is this: The books are scholarly and well written, but deficient in payoff. They are basically just narratives of the history of homosexual marriage in the United States. I don't think this is right. The argument in Klarman's book is subtle—in part because he started off, like Posner, believing in t he conventional backlash thesis...

A Guide to Anti-Choice Concern Trolling

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If you're a supporter of reproductive rights in the United States, you're forced to endure various forms of concern trolling. The centrist form, perfected by Slate 's Will Saletan, exhorts supporters of abortion rights to concede that abortions are icky and that the good faith of people who support criminalizing abortion must be conceded even when their arguments are a moral, political, and legal shambles . While outright opponents of abortion rights are certainly willing to use these techniques, they have innovations of their own. The concern-troll-in-chief for opponents of reproductive rights is Ross Douthat of The New York Times . Last weekend's manifestation is a particularly good example, both because the arguments are relatively sophisticated and because Douthat is frequently generous enough to provide the material that refutes his own arguments. So, as a public service, I use Douthat's latest column to provide a handy guide to the pillars of anti-choice concern trolling, and,...

California's Teeming Prisons

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N early 30,000 California prisoners are on hunger strike to protest various abuses , including the extensive use of solitary confinement. This strike is the latest reflection of just how broken the state's prison system is. In turn, the problems in California showcase the myriad messes that increasingly define American crime-control policy. The disastrous state of California prisons two years ago compelled the federal courts to intervene. The Supreme Court ruled that the overcrowding had become so dire that it violated the Eighth Amendment, upholding a lower court order that the prison population be reduced. California Governor Jerry Brown, however, has been resistant to meeting the target of set by the courts (which require California to reduce its prison population to "only" 137.5 percent capacity). Declaring the problems in California prisons solved, Brown has issued a plan that flatly refuses to meet the targets. That proposal was again rejected by the Ninth Circuit. The hunger...

Ginsburg's (Pyrrhic?) Triumph

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AP Photo/Pablo Martinez Monsivais T he two major same-sex marriage cases decided by the Supreme Court in June were puzzling for at least two reasons. Windsor , which struck down a major provision of the Defense of Marriage Act, featured a notably opaque opinion by Justice Anthony Kennedy. Hollingsworth v. Perry, on the other hand, which resulted in legal same-sex marriage in California—albeit through a technicality—had a vote lineup that bore little relationship to how justices typically vote in standing cases, suggesting strategic voting on both sides. Part of the reason for these anomalies might be the Justice Kennedy's uneasiness. But it's worth noting that the outcome produced by these two cases is consistent with the long-held beliefs of one justice who was (unlike Kennedy) in the majority in both cases: Ruth Bader Ginsburg. Court observers have interpreted the unusual vote lineup in Perry (Republican appointees Chief Justice Roberts and Justice Scalia, joined by their more...

The Zimmerman Acquittal Isn't about "Stand Your Ground"

AP Photo/Mike Brown
AP Photo/Bay Area News Group, Anda Chu Y esteday, a jury in Sanford, Florida acquitted George Zimmerman, who had been charged with second-degree murder (with a lesser-included charge of mansluaghter) for shooting and killing the unarmed, 17-year-old Trayvon Martin. That Zimmerman was not punished for kiling Martin is certainly disturbing. But it is disturbing for somewhat different reasons than much of the case's media coverage posits. The problem with the Zimmerman acquittal was not Florida's ill-conceived "stand your ground" law. The problem with the acquittal was not a racist and unreasonable jury, either. Rather, the acquittal of Zimmerman reflects something else equally serious and unsettling: the failure of the law in many states to keep up with the realities of America's gun culture. In a society in which many African-Americans are presumed to be criminals and large numbers of people carry concealed deadly weapons, some ways of defining self-defense (even if they do not entail...

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