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 NSA Can't Be Trusted

flickr/Sparky
flickr/Alex Ellison O n August 9, President Obama gave a news conference at which he defended his administration's record on surveillance while proposing some modest reforms. Predictably, it got mixed reviews from observers concerned about civil liberties. Less than a week later, The Washington Post published an important story about the National Security Agency (NSA) that makes it clear more reforms are necessary—and undermine Obama's defense of his record. The key finding of the story, by Scott Wilson and Zachary Goldfarb: An internal audit found 2,776 "incidents" in which NSA surveillance breached rules between April 2011 and March 2012. Even worse, the rates of illegal "incidents" have been increasing. As the Post 's Timothy Lee says , "We now know that President Obama’s assurances that the NSA wasn’t ‘actually abusing’ its surveillance programs are untrue." The only question is whether Obama deliberately misled the public, or whether he was unaware of these violations. Neither...

Bloomberg's Stop-And-Frisk Program Is Unconstitutional

AP Photo/Haraz N. Ghanbari
AP Photo/Seth Wenig I n a major victory for civil rights and civil liberties, a United States District Court Judge has held that the New York City Police Department's (NYPD) stop-and-frisk policies are unconstitutional. Judge Shira Scheindlin's opinion justifying the ruling is a tour de force. Carefully assessing both systematic evidence and the cases of individual litigants, Judge Scheindlin leaves no serious doubt that the NYPD's policies are inconsistent with the fundamental rights guaranteed by the Constitution. Under current Fourth Amendment law, not all warrantless searches of people in public violate the Constitution. In the landmark 1968 case Terry v. Ohio , Chief Justice Earl Warren affirmed that "stop-and-frisk" searches are indeed "searches" covered by the Fourth Amendment. As he noted in one passage in his ruling—part of which was used as an epigram by Judge Scheindlin—"it is simply fantastic to urge that such a procedure performed in public by a policeman while the...

Against Douthat on Abortion Restrictions, Round Two

AP Photo/Tony Gutierrez
Ross Douthat has a thoughtful response to two critiques—one from me at the Prospect and another from Katha Pollitt at The Nation —of his recent column on European abortion policy. It would help to clarify some of the empirical issues that are central to our disagreement. I'll leave it to Pollitt to address the dispute about the content of Texas's new abortion restrictions and focus on the points Douthat claims that we didn't respond to. I'll handle them individually: This variation, in turn, gives us more data on the original question that my column asked: What happens to a modern society when abortion is restricted? And I don’t think that either Pollitt or Lemieux offered much of a rebuttal to my suggestion that Europe’s variations and their apparent consequences pose a problem for two commonplace pro-choice assumptions: That restrictions on abortion don’t actually reduce abortion rates (which appears to be true in neither the U.S. nor in Europe )... To be clear, I have never...

SCOTUS's Meaningless Death Penalty Rules

The Eighth Amendment forbids the execution of the mentally ill. So why did we kill John Errol Ferguson?

AP Images/Amber Hunt
Monday evening, the state of Florida executed John Errol Ferguson. This was not an act of injustice because Ferguson was innocent—he brutally killed eight people. It was an act of injustice because Ferguson was mentally ill. The Eighth Amendment forbids his execution. In 2008, the Supreme Court held that a person cannot be executed if he or she is insane at the time of his or her execution. To the extent that the term has meaning, it's hard to imagine that it doesn't apply to Ferguson, who experts have testified has a "genuine belief" that he is the "prince of God" and has the power to control the sun. Stephanie Mencimer of Mother Jones details Ferguson's history of mental illness: Ferguson's story, and long-documented record of mental illness, starts back in 1965, when records show Ferguson was suffering from hallucinations. In 1971, he was committed to a state mental hospital after being diagnosed as a paranoid schizophrenic. For the next several years, court-appointed doctors...

Will the Department of Justice Find Zimmerman Guilty?

AP Photo/Gerald Herbert
AP Photo/Alex Menendez S ince the end of the George Zimmerman trial, many of those dismayed by the not guilty verdict have pushed for the Department of Justice to press federal civil-rights charges against Trayvon Martin’s killer. Given the strong possibility that race played a role both in Zimmerman's decision to follow the unarmed teenager and in the jury’s verdict, it seems plausible that federal intervention might be warranted. Indeed, soon after the verdict was read in mid-July, Attorney General Eric Holder launched an inquiry into whether civil-rights charges should be filed against Zimmerman. But unless the investigation uncovers evidence that was not publicly available at the time of the trial, it is almost certain that the federal government will decline to prosecute Zimmerman. The first barrier to bringing civil-rights charges against Zimmerman is that he is not a state actor. Since Reconstruction, the Supreme Court has generally interpreted the Fourteenth Amendment as...

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