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

Justice after the Fact

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Although the Supreme Court is expected to wrap up its term at the end of the month, on Monday the Court declined to hand down any of the blockbuster civil-rights rulings still pending. It did, however, rule in Peugh v. United States , an important opinion that protected a vital democratic value: the prohibition against retroactive punishments. The key question in Peugh involves the application of Article I, Section 9 of the Constitution, which mandates that "No ... ex post facto Law shall be passed." This prohibition reflects longstanding common-law principles central to the rule of law. For a punishment to be lawful rather than arbitrary, it must be clear that the action for which one is being punished was illegal at the time of the offense. Permitting retroactive punishments would give the state the unlimited right to take the life, liberty, and/or property of any person state actors don't like. The ban on retroactively criminalizing criminal activity applies to sentencing as well...

How All Three Branches Conspired to Threaten Your Privacy

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The recent revelations about the court order issued to Verizon asking them to hand over data about the calls made by millions of customers were chilling not so much for the specific information the government was asking for, but for what the order likely portended. Given its massive scope, the potential for spying into electronic communications made much more disturbing revelations inevitable. It didn't take long for the other shoe to drop. In a blockbuster story , Barton Gellman and Laura Poitras of The Washington Post have revealed the existence of a more comprehensive spying program with the code name PRISM involving the National Security Agency and Federal Bureau of Investigation, as well as at least nine telecommunications giants. It's a classic case of how checks and balances have not worked in the way the framers envisioned. Far from checking executive overreach, Congress has authorized dangerous expansions of power while various levels of the judiciary break out their rubber...

The Verizon Data Order and Why It Matters

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G lenn Greenwald of The Guardian had a major scoop yesterday, revealing a court order requiring the communications giant Verizon to hand over information about all the calls in its system, domestic or international. As Greenwald explains, this means "the communication records of millions of US citizens are being collected indiscriminately and in bulk – regardless of whether they are suspected of any wrongdoing." This is a major story that reveals glaring flaws in the current rules governing surveillance and national security—p articularly since, as Atlantic Wire 's Elspeth Reeve points out , it's unlikely that Verizon is the only company being required to turn over records of the calls made by its customers, or that this is the only type of information being sought by the government To be clear, the potential legal and policy problems of this policy are not the same as those of the Bush administration's warrantless wiretapping, which went ahead without the approval of the special...

Scalia Gets It Right

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The collection of DNA evidence is a powerful crime-control tool, but it also has the potential to lead to greater invasions of privacy. Today, a bare majority of the Supreme Court held in Maryland v. King that the former considerations should outweigh the latter. The Court's ruling both creates important Fourth Amendment law and illustrates some important facts about the personnel on the Court. The question at issue in Maryland v. King is whether DNA information could be collected (via a cheek swab) from someone arrested for—but not convicted of—an offense. The facts of the case certainly make a superficially compelling argument for permitting the practice, as DNA evidence collected from Alonzo King was used to identify him as a suspect in a rape case. But the fact that the policy "worked" in this particular case is not, in itself, an argument that the practice of collecting DNA information from people who haven't been convicted of a crime is a "reasonable" search and seizure under...

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...

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