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

Michael Boggs, an Unacceptable Judicial Nominee

U.S. District Court nominee Michael Boggs seems like an all-too-depressing example of a typical 21st-century Republican federal judicial appointment. As a state legislator, he voted to keep a symbol of treason in defense of slavery and lawlessness in defense of apartheid on the state flag. He opposes reproductive freedom. He supported amending the state constitution to ban same-sex marriage. Given his conservative views and apparent neoconfederate sympathies, he has attracted strong opposition from members of Congress like the civil rights icon John Lewis. What's even more depressing is that Boggs was nominated not by George W. Bush but by Barack Obama. How did this happen? And should be done about it? The primary villains here, as is so often the case, reside in the World's Worst Deliberative Body. Senate Democrats took an long time to abolish the filibuster for executive branch and sub-Supreme Court judicial appointments, permitting the Republican minority in the Senate to engage in...

Supreme Court: Tear Down This Wall!

Yesterday's ruling in Greece v. Galloway is an affront to religious equality, but it also reflects the poisoned fruit of a bad precedent.

T he town of Greece, New York has been kicking off its town board meetings with an invocation by a religious leader since 1999. These prayers have generally been sectarian Christian ones. Two residents of the town sued, arguing that this practice constituted a state endorsement of religion inconsistent with the Establishment Clause of the First Amendment. Yesterday, the Supreme Court ruled that sectarian prayers are constitutional. The decision is an affront to religious equality, but it reflects the poisoned fruit of a bad precedent. It must be conceded that the Court's holding is based in precedent. W ith Justice Anthony Kennedy writing for the Court's other four Republican nominees, t he 5-4 majority in Greece v. Galloway leaned heavily on the 1983 case Marsh v. Chambers . In Marsh , the Court upheld the Nebraska legislature's tradition of starting each legislative session with a prayer by a chaplain paid for and approved by the state. Based on Marsh , Kennedy found little...

Will the Fourth Amendment Go Mobile? SCOTUS and the Fate of 21st Century Privacy

07-12-09 © billyfoto
07-12-09 © billyfoto O n Tuesday, the Supreme Court heard oral arguments in two cases whose outcomes will have major ramifications for Fourth Amendment and privacy rights. Both cases, Riley v. California and United States v. Wurie , involve convictions based, in part, on evidence uncovered from a mobile phone searched without a warrant after the suspect was arrested. (In Riley , the warrantless search was upheld by the California courts; in Wurie , the warrantless search was determined by the 1st Circuit Court of Appeals to have been illegal.) Warrantless searches are, in general, presumptively not "reasonable" and are therefore forbidden by the Fourth Amendment, which protects against unreasonable searches and seizures . There are, however, allowable deviations from this general rule. One longstanding exception is that police have a right "to search for and seize any evidence on the arrestee's person in order to prevent its concealment or destruction," as set out in the high court's...

Justice Sotomayor's Powerful Defense of Equality

AP Photo/Steven Senne
AP Photo/Steven Senne Supreme Court Justice Sonia Sotomayor Y esterday, the Supreme Court upheld a provision of Michigan's constitution that bans the state or any of its subdivisions from "grant[ing] preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting." The Court was fractured; the six justices who voted to uphold the amendment did so for three independent reasons. Written by Justice Anthony Kennedy, the plurality decision—to which Chief Justice John Roberts and Associate Justice Samuel Alito signed on—was narrow: It upheld the amendment without disturbing any precedent. Far more interesting was Justice Sonia Sotomayor's dissent, which makes a strong case for a robust interpretation of the equal-protection clause of the 14th Amendment and represents perhaps her most compelling work in her tenure on the Court so far. The case for upholding...

How John Paul Stevens Would Amend the Constitution

AP Images/Manuel Balce Ceneta
What made John Paul Stevens's contributions in his 35 years on the Supreme Court so invaluable was not just the votes he cast but his fiercely intelligent idiosyncrasies. On issues ranging from the fundamental incoherence of trying to use different categories of scrutiny to apply the equal protection clause to the Establishment Clause, to problems presented by the Religious Freedom Restoration Act, to racial discrimination in the War on Drugs, Stevens carved out unique positions that have generally aged much better than the alternatives. So it's gratifying that Stevens has not retired in silence, instead providing valuable commentary on constitutional controversies including the right to vote and the American criminal justice system . Stevens's new book , Six Amendments: How and Why We Should Change the Constitution , represents another valuable and accessible contribution to the country's constitutional discourse. The premise of the book is accurately captured by the title, which...