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 Most Pro-Business Court Since the New Deal Strikes Again

WikiMedia Commons
It's not exactly news that the Republican majority on the Supreme Court has been the consistent agent of powerful corporate interests. On Thursday, however, the Court provided us with a particularly striking example of this well-established phenomenon. In American Express v. Italian Colors the Court's five Republican appointees bizarrely twisted the Court's precedents to give powerful corporations a license to violate the rights of small businesses and consumers with impunity. Italian Colors concerns a claim that American Express was using its monopoly power to extract higher prices from small businesses in violation of the Sherman Antitrust Act. Since establishing an antitrust claim requires extensive evidence that would require hundreds of thousands dollars to litigate, it would be irrational for any individual business or consumer to seek redress (either from the courts or from an arbitrator). For this reason, Italian Colors brought their antitrust claim as a class action, joining...

Down with Voter Suppression

Arizona Republic
(AP Photo/J. David Ake) A rizona's Proposition 200, which passed in 2004, combined two important conservative priorities: voter suppression and anti-immigration demagoguery. It required Arizona voters in federal elections to provide evidence of citizenship that went beyond the requirements of federal law. Today, the Arizona provision was struck down by the Supreme Court, with even two of the Court's most conservative members ultimately unpersuaded that the Arizona law was legal. This decision is an important victory for the voting rights, even if some of the language in the Court's opinion is more sympathetic to Arizona's ends than is appropriate. Today's case involved a question of statutory interpretation rather than the Constitution. The key issue was whether Prop 200 conflicts with the Motor Voter Act, the 1993 law creating a uniform form to streamline federal vote registration by mail. Under the Supremacy Clause of Article VI of the Constitution, conflicts between state law and a...

A Quiet Blockbuster

(AP Photo/J. David Ake) A s we near the end of this Supreme Court term, a number of cases of substantial interest to politically-aware people who aren't court specialists remain to be decided. Landmark rulings involving the constitutionality of affirmative action, crucial provisions of the Voting Rights Act, and laws discriminating against gays and lesbians are still up in the air. People without access to the physical opinions handed out at the Supreme Court building used to have to wait for media reports about the outcome of cases to trickle out. Today, opinions are released almost instantaneously in PDF form, transforming late-term opinion days into a minor event. According to Kali Borkoski of the indispensable SCOTUSBlog , more than 60,000 readers have viewed its live-blogging of yesterday's opinions, with more than 12,000 simultaneous viewers a little after 10 a.m, when the decisions are announced. However, the vast majority of these onlookers did not get rulings in the cases...

Justice after the Fact

WIkiMedia Commons
Although the Supreme Court is expected to wrap up its term at the end of the month, on Monday the Court declined to hand down any of the blockbuster civil-rights rulings still pending. It did, however, rule in Peugh v. United States , an important opinion that protected a vital democratic value: the prohibition against retroactive punishments. The key question in Peugh involves the application of Article I, Section 9 of the Constitution, which mandates that "No ... ex post facto Law shall be passed." This prohibition reflects longstanding common-law principles central to the rule of law. For a punishment to be lawful rather than arbitrary, it must be clear that the action for which one is being punished was illegal at the time of the offense. Permitting retroactive punishments would give the state the unlimited right to take the life, liberty, and/or property of any person state actors don't like. The ban on retroactively criminalizing criminal activity applies to sentencing as well...

How All Three Branches Conspired to Threaten Your Privacy

WikiMedia Commons
The recent revelations about the court order issued to Verizon asking them to hand over data about the calls made by millions of customers were chilling not so much for the specific information the government was asking for, but for what the order likely portended. Given its massive scope, the potential for spying into electronic communications made much more disturbing revelations inevitable. It didn't take long for the other shoe to drop. In a blockbuster story , Barton Gellman and Laura Poitras of The Washington Post have revealed the existence of a more comprehensive spying program with the code name PRISM involving the National Security Agency and Federal Bureau of Investigation, as well as at least nine telecommunications giants. It's a classic case of how checks and balances have not worked in the way the framers envisioned. Far from checking executive overreach, Congress has authorized dangerous expansions of power while various levels of the judiciary break out their rubber...

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