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

5 Men on Supreme Court Impose Substantial Burden on Women in Illogical Decision

© A.M. Stan
©A.M. Stan As the Supreme Court heard oral arguments in the case Hobby Lobby v. Sebelius on March 25, 2014, protesters filled the sidewalk in front of the Court. O n Monday, a bare majority of the Court held that under the Religious Freedom Restoration Act, employers do not have to adhere to federal regulations requiring that health insurance offered to employees cover contraceptives if the requirement conflicts with their religious beliefs. The majority opinion supporting this view, written by Justice Samuel A. Alito, Jr., and joined by the Court's four other Republican appointees—all men—is a disaster. It is unpersuasive and illogical, and creaes a standard that is unworkable. It also reflects an instructive lack of concern for the interests of the women, whose statutory rights will be burdened by the majority's decision. As I have outlined before , the argument by Hobby Lobby and the other employers in the cases, Burwell v. Hobby Lobby Stores and Conestoga Wood Specialties v...

The Implications of the Supreme Court's Abortion Clinic Buffer Zone Ruling

CaliFaces.com
Today, in McCullen v. Coakley , the Supreme Court struck down a Massachusetts statute that created a "buffer zone" enabling women to access reproductive health clinics without interference. As with the ruling on the EPA and Greenhouse gases from earlier in the week, however, the decision could have been much worse. While the Court held that the Massachusetts law was not consistent with the First Amendment, it did so in a way that should allow states to protect women who seek reproductive health care from having their clinic access blocked or impeded by protesters. There is no question that the 35-foot buffer zone around clinics created by the statute restricts speech. This does not, however, necessarily mean that a buffer zone violates the First Amendment. The state can restrict speech using "space, time, and manner" restrictions. (You have the right to express your political views, but do not necessarily have the right to express them through a megaphone in a residential neighborhood...

Important 4th Amendment Victory on Warrants and Smart Phones

Wikipedia:Upload/Flickr
Last year, there was a split between state and federal appellate courts on the question of whether the mobile phones of people being arrested can be searched without a warrant. The California Supreme Court held that the Fourth Amendment did not require a warrant for searches of mobile phones incident to a lawful arrest. In another case, the 1st Circuit Court of Appeals disagreed. Today, the Supreme Court sided clearly and convincingly with the latter: "Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is ...simple—get a warrant." This is a significant victory for the Fourth Amendment. Warrantless searches are presumptively considered "unreasonable" under the Fourth Amendment, but there are some exceptions to this general rule. One of these excpetions pertains to arrests. Typically, the police are permitted to conduct a warrantless search of a suspect's person during an arrest. As I argued earlier this year , however, there is...

Supreme Court Hampers EPA on Greenhouse Gases But It Could Have Been Worse

Photograph by Joseph E.B. Elliot/Library of Congress
Today, the Supreme Court failed to release almost all of the term's outstanding opinions for another day (or two, or three.) But it did issue an opinion dealing with the authority of the Environmental Protection Agency to deal with one the most pressing problems facing the world: climate change. Justice Scalia's opinion unnecessarily restricts the EPA's ability to regulate greenhouse gases, but the opinion could have been much worse. Utility Air Regulatory Group v. Environmental Protection Agency does deal with a real issue in the Clean Air Act. The act calls for the EPA to require permits from stationary sources that emitted between 100 and 250 tons or more per year of a pollutant covered by the act. In the context of carbon emissions, however, the quantities produced are much greater than for the typical pollutant, which would turn a statutory provision intended to exclude minor sources of pollution into a requirement to regulate these relatively small sources. Sensibly, the EPA...

Why The California Tenure Decision Is Wrong and Will Hurt Disadvantaged Students

AP Photo/Damian Dovarganes
AP Photo/Damian Dovarganes Silicon Valley entrepreneur and founder of Students Matter David Welch makes comments on the Vergara v. California lawsuit verdict in Los Angeles, Tuesday, June 10, 2014. A judge struck down tenure and other job protections for California's public school teachers as unconstitutional Tuesday, saying such laws harm students, especially poor and minority ones, by saddling them with bad teachers. In a landmark decision that could influence the gathering debate over tenure across the country, Los Angeles County Superior Court Judge Rolf Treu cited the historic case of Brown v. Board of Education in ruling that students have a fundamental right to equal education. E arlier this week, California Superior Court Judge Rolf Michael Treu held that California's teacher tenure system violated the state constitution. Treu's June 10 decision in Vergara v. California has been widely praised by education "reformers," up to and including President Barack Obama's worst cabinet...

Pages