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 House Takes Mass Incarceration to Task

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AP Photo I n today's Washington, the formation of a bipartisan committee and/or commission is generally reason to cringe . Today, however, Congress created a bipartisan committee that could deserve optimism. The House Committee on the Judiciary Over-Criminalization Task Force will address an extremely severe problem: mass incarceration in the United States. There is very good reason for the formation of the committee. The rates of incarceration in this country are staggering . The United States imprisons more people per capita than any country in the world—not only far more than any comparable liberal democracy, but more than the world's authoritarian regimes as well. Even worse, this mass incarceration reflects and exacerbates racial and economic inequalities. As scholars such as Michelle Alexander and Becky Pettit have shown in chilling detail, mass incarceration has taken a massive toll on racial minorities. One in every 36 Hispanic men over the age of 18—and one in 15 African-...

FDA's Plan B on Plan B Is Still Not Good Enough

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Last month, federal judge Edward Korman held that the Obama administration's override of the FDA's recommendation for over-the-counter emergency contraception was illegal. The "compromise" of making Plan B available without a prescription only to women over 17, Korman persuasively argued, was "arbitrary and capricious" and hence exceeded the power of the secretary of health and human services. Yesterday, the Obama administration responded by modifying the policy . The new policy is better, but still not nearly good enough and still not in compliance with the requirements of Korman's decision. Under the new policy, Plan B would be made—at least on paper—available over-the-counter to all women aged 15 or over. Making emergency contraception available to the vast majority of women who might become pregnant is certainly an improvement compared to five years ago. But the age limit—even if lower—remains completely irrational. There is no scientific evidence that emergency contraception is...

The Sequester v. The Sixth Amendment

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Fifty years ago, the Supreme Court famously declared in Gideon v. Wainwright that the government was required to supply counsel to defendants who cannot afford it. The noble ideals of the Bill of Rights, Justice Hugo Black wrote in that case, "cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him." Unfortunately, as journalist Karen Houppert demonstrates in exhaustive detail in her terrific new book, Chasing Gideon , in practice the requirements of Gideon have often been flouted by governments. This week provides two excellent examples of the way in which the dysfunctions of American government have translated into inadequate legal representation for those accused of crimes. First of all, the sequester that resulted from Republican hostage-taking in 2011 is undermining both public safety and the rights of defendants. Because of the sequester, people working in the federal public defender's office in Boston will face furloughs—...

Read Him His Rights

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AP Photo/vk.com Dzhokhar Tsarnaev T he capture of Dzhokhar Tsarnaev presents an important test for federal and state authorities: Can the United States resist the temptation to violate the civil liberties of people suspected of engaging in acts of terrorism? In some important respects, we seem to have avoided the systematic civil-liberties violations of the Bush administration. But when it comes to informing Tsarnaev of his Fifth Amendment rights, Obama is buying into the myth that ordinary police process is inadequate for dealing with domestic terrorism. It is not clear what the Obama administration will do with Tsarnaev, who has not been read his Miranda rights and who is engaging only in written communication from his hospital bed. But U.S. Attorney Carmen Ortiz has cited a "public-safety exemption in cases of national security and potential charges involving acts of terrorism" and indicated that Tsarnaev will be interrogated for at least a 48-hour period without being informed of...

Five Lessons from the Gosnell Abortion-Clinic Controversy

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The hot conservative story of late last week, starting with a USA Today op-ed by Kristen Powers, was the failure of the mainstream media to cover the horrifying case of Kermit Gosnell, a Philadelphia doctor accused of committing infanticide, and maiming and, in some cases, killing his patients (most of them poor women) in an unsanitary abortion clinic. Perhaps the story does deserve more coverage than it has received, but the lessons to be drawn from it are different from the conclusions conservatives are making. Here are five points currently being overlooked in the coverage of the controversy. Feminists Were on It Whether the mainstream national media has given adequate attention to the Gosnell case is a matter of judgment, although claims that it's been entirely ignored are incorrect. (Consider, for example, Sabrina Tavernise's lengthy New York Times story from 2011.) But it should be remembered who hasn't been ignoring the story: feminist writers . Many prominent feminists, for...

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