‘Scandal’ probably faces a different problem, which may be even more difficult to overcome: the Emmys’ bias against soap operas.
To put it in a succinct way, to answer the question: yes, it is. And it’s not bias, it’s RIGHT attitude toward writing (the soap opera writing) that isn’t and will never be at the same level as actually compelling, consistent, soap-opera-stunt-free writing.
Scandal is probably too soapy to be considered emmy worthy? But so were Grey’s Anatomy, Desperate Housewives and Brothers and Sisters (My personal favorite) and they all broke through. It might take a few seasons but it’ll probably come around. If they can take the writing back to season one and first half season two writing it can happen. Just a matter of throwing cold water on suds.