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 COMING COUNTERMOBILIZATION ARGUMENT.

THE COMING COUNTERMOBILIZATION ARGUMENT. In the wake of the decision of the Supreme Court of New Jersey that same-sex couples are entitled to the same benefits as heterosexual married couples (although not necessarily under the rubric of "marriage"), we're bound to hear a lot of speculation about how this will affect the upcoming election (which I'm sure will be forgotten should the Democrats take the House and pick up seats in the Senate.) As I have previously explained here on TAP , I think the effect of these decisions is often overstated, and there's no evidence that it matters whether it's legislation of litigation that leads to the policy change. I also don't think that it matters a lot whether the courts call the equal civil rights required for same-sex couples "marriage." One thing Jack Balkin leaves out of his otherwise fine account is that while the Goodridge decision was an important issue in the 2004 elections in Massachusetts, the pro-gay marriage side won . There's no...

GENDER SEGREGATION AND...

GENDER SEGREGATION AND SEXISM. Becks of Unfogged is appalled that the ACLU and a feminist group are threatening to sue over a federal decision to permit more single-sex public education. I think the issue is a little more complex, however. I do agree with Becks that the equation of gender and racial segregation by Nancy Zirkin is excessively simplistic, and probably the former is somewhat more defensible than the latter when education is concerned. Current Supreme Court jurisprudence would seem to agree. In her landmark opinion ruling Virginia's exclusion of women from the Virginia Military Institute, Ruth Bader Ginsburg noted that "[s]ingle sex education affords pedagogical benefits to at least some students, Virginia emphasizes, and that reality is uncontested in this litigation," and implied that if Virginia offered a school for women comparable to VMI, its exclusion of women from VMI itself would be defensible. However, the VMI case also suggests that there is serious cause for...

A MOST CYNICAL...

A MOST CYNICAL APPRAISAL. Nothing if not shameless, rather than letting his appalling behavior in 2000 lie in dignified silence, Antonin Scalia has decided to speak on the issue again : Georgetown students attending the lecture had questions not only about Scalia�s views on education, but on hot topics such as the sale of medicinal marijuana, campaign finance reform and censorship of high school newspapers. One student asked whether Scalia believed the 2000 decision in Bush v. Gore was an example of judicial activism. In its 7-2 ruling , the court effectively halted the recount of presidential ballots in Florida, resulting in the nomination of George W. Bush as president. "My first response to that question always is, it's six years ago. Get over it!" Scalia said. He then explained that "It surely is not activist to apply the text of the Constitution, which is what the court did." [bold added] First of all, Bush v. Gore was a 5-4 decision. No dissenter joined any part of the per...

INFLAMMATORY WRIT: ...

INFLAMMATORY WRIT: An interesting article by David Savage about the military commissions bill signed by the President this week. I have been highly pessimistic about whether the Supreme Court will rule significant parts of the bill unconstitutional . But at least some scholars believe that the Court will not run (to their undying credit): Many legal scholars predict the law's partial repeal of habeas corpus will be struck down as unconstitutional. "This is an outright slap at the Supreme Court, and it is heading for invalidation," said Eric M. Freedman, a law professor at Hofstra University and an expert on habeas corpus. "This is a core principle of law that was established by the prisoners who were tossed into the Tower of London by the king, and it was preserved in the Constitution. Now, Congress is saying it doesn't apply to this disfavored group of prisoners." Another thing to add, which I didn't consider sufficiently in my first post, is the increased power of federal courts...

WHAT WAS THE...

WHAT WAS THE VOTE COUNT ON THE FEDERAL MARRIAGE AMENDMENT AGAIN? Ed Morrissey claims that attempts to out GOP Senator Larry Craig shows that "Left hates gays." First of all, "a poster at Daily Kos and a gay activist" does not equal "the Left." (I mean, what do Ward Churchill and the immortal Some Guy With A Sign Somewhere have to say?) But more importantly, whether it's right or wrong the idea that outing someone reflects "hatred" for gay people is just silly. The premise is rather that politicians should be as comfortable with homosexual identities as they are with their heterosexual ones (you may have seen a political ad or two with a candidate's family prominently displayed), and that it's particularly odious for gay people to use the depriving of rights of gay people for reasons of political ambition. You may also remember this argument from the ridiculous Kabuki surrounding Mary Cheney , in which various cultural conservatives (and glibertarians ), as part of a campaign in which...

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