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

Shorting the D.C. Circuit

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Flickr/Cliff At least since the Reagan administration, Republicans have taken judicial nominations, especially to the federal circuit courts , much more seriously than Democrats have. As a result, Republican presidents have gotten relatively more nominees confirmed, and their nominees have been younger and more ideologically consistent than their Democratic counterparts. Yesterday, however, there was a sign that this could be changing. As the Prospect 's Paul Waldman noted , Michael Shear of The New York Times reported that President Obama would be simultaneously nominating individuals for all three current vacancies on the D.C. Circuit. This move is clearly intended to make Republican obstructionism a major issue of Obama's second term. And while it's not clear how this bold advance will play out, under any scenario something good will come out of it. As Waldman notes, for now the central Republican argument against the nominations is that Obama is trying to "pack the court." As...

Three Questions Obama Needs to Answer in His Speech

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On Thursday, President Obama will be giving a major address on counterterrorism policy. Here are three major questions Obama needs to adequately address: What Is The Legal Authority For Targeted Killings? The first question Obama should clearly answer is where the administration derives the authority to engage in drone strikes against enemy combatants. The "white paper" outlining administration policy uncovered by Michael Isikoff was ambiguous , citing both the 2001 Authorization to Use Military Force (AUMF) against Al-Qaeda and the president's inherent Article II powers. It is important to clarify the nature of the asserted power, particularly given the highly elastic definition of "imminent threat" the administration seems to be using. (Nobody disputes that Article II gives the president the authority to respond to genuinely imminent security threats, but it does not give the president the authority to kill people in pre-emptive response to speculative ones.) Admittedly, in the...

The DOJ's Freedom of Speech Breach

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On Monday, news broke that federal officials had secretly seized the phone records of Associated Press reporters. AP President Gary Pruitt reacted with understandable anger, calling the seizure "an overbroad collection of the telephone communications of The Associated Press and its reporters." Is Pruitt right? There are two questions that need to be answered. Was the seizure legal? And, if so, was it justified? The answer to to the first question, at least based on what we know now, is "probably." A subpoena for records as part of an investigation, as opposed to a search warrant, does not require judicial approval. Intuitively, it may seem as if the First Amendment should shield the press from government investigators. But, at least under current Supreme Court doctrine, this isn't the case. In the 1972 landmark case Branzburg v. Hayes , the Court held that "[t]he First Amendment does not relieve a newspaper reporter of the obligation that all citizens have to respond to a grand jury...

D.C. Circuit v. Worker Rights

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Last week, a decision by the D.C. Circuit Court of Appeals provided an excellent example of how both presidential action and inaction can matter. Because of the former, the National Labor Relations Board had issued a rule intending to alleviate the power disparities between workers and employers. But in part because of action by Republican presidents and inaction by Democratic presidents, the rule is no longer in effect. And while the outcome of the case is hardly surprising, the sheer radicalism of the court's holding is yet another sign of how in the tank much of the powerful D.C. Circuit is for powerful business interests. The case involved a 2011 regulation issued by the NLRB which required employers to post notices informing workers of their right to join a union and providing basic information about how to contact the NLRB. The regulation was challenged by business groups based on an assortment of legal arguments. The District Court upheld the authority of the NLRB to issue the...

The House Takes Mass Incarceration to Task

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AP Photo In 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...

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