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 Supreme Court's War on the Great Society

The ignoble American tradition of using "states' rights" to trump real, fundamental human rights carries on with the Roberts Court's decision gutting the Voting Rights Act of 1965.

AP Images/Yoichi Okamoto
The Voting Rights Act of 1965 (VRA) is arguably the most important and successful civil rights legislation passed by the United States Congress. Today, without remotely adequate justification, a bare majority of the Supreme Court cut the heart out of the centerpiece of the Great Society. That this outcome was expected doesn't make it any less outrageous. The key issue in Shelby County v. Holder is the "preclearance" provisions of the Voting Rights Act. Section 4 of the VRA "covers" numerous jurisdictions—predominantly but not exclusively Southern—with a history of vote discrimination and Section 5 of the VRA requires the covered jurisdictions to get approval from the federal government before changing their voting laws. We should start with the explicit constitutional authority for this legislation. The majority opinion asserts that "the Framers of the Constitution intended the States to keep for themselves, as provided in the Tenth Amendment, the power to regulate...

Yes, Justice Thomas, Affirmative Action Is Constitutional

AP Images/Michael Dwyer
As the Prospect 's Jamelle Bouie notes , yesterday the Supreme Court finally released Fisher v. University of Texas , its long-awaited affirmative action ruling and ... mostly decided not to decide. There is surely a juicy story waiting to be uncovered about why the Court took eight months to issue a ruling that barely took up 40 pages and left the current state of the law essentially untouched. (It's hard not to suspect that a coalition favoring a much broader majority opinion ultimately crumbled.) In addition to the minimalist majority opinion, however, there was a concurrence by Justice Clarence Thomas—who agreed with the majority that the case should be sent back to the lower court, but for different reasons—that laid out the case for ruling affirmative action unconstitutional in essentially all circumstances. This concurrence is worth attending to, because it inadvertently lays out the fundamental weakness of the case against affirmative action. Perhaps the most...

SCOTUS On the Wrong Side of Workplace Harassment

Two employment law rulings have made it more difficult for harrassed employees to lodge complaints. 

AP Images/J. Scott Applewhite
While most of the attention focused on the Supreme Court today will be directed at the surprisingly narrow affirmative action ruling, the Court decided two very important civil rights cases. And not surprisingly, the news was terrible. The conservative majority of the Supreme Court continues to whittle away at civil rights, frustrating the purposes of landmark legislation and making it much more difficult for victims of discrimination to obtain the appropriate redress for violations of their rights. Both of today's major Civil Rights Act decisions were 5-4, with the Court's Republican appointees comprising the majority and with Ruth Bader Ginsburg authoring a dissent on behalf of the Court's Democratic appointees. Both cases concerned Title VII of the Civil Rights Act, which makes it illegal for employers to discriminate on the basis of "race, color, religion, sex, or national origin." The mere declaration of these rights, however, means little if employees don't have the practical...

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) Arizona'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...