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 NFL's Concussion Problem Hits the Courts

When former Pittsburgh Steelers guard Ralph Wenzel passed away, after a long battle with dementia, he had the brain the size of a one-year-old's. The defensive stars Dave Duerson and Junior Seau , both of whom recently committed suicide, were found to have a severe brain disease associated with repeated blows to the head. These and countless more cases have made the public increasingly aware that the immense profits generated by the National Football League have been made possible by players battering themselves into miserable and premature death. On Tuesday in Philadelphia, more than 4,200 former NFL players brought their case that the NFL should be liable for these injuries before federal judge Anita B. Brody. While the evidence that playing NFL football frequently leads to severe brain injuries and premature death is increasingly strong, the lawsuit faces numerous hurdles if it is to proceed. First, there is a question of individual responsibility. Tackle football is not illegal,...

Over-the-Counter Plan B Strikes Back

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One of the low points of Obama's first term was his administration's decision to overrule FDA experts and refuse to make over-the-counter emergency contraception—like Plan B—available to women under 17. Last Friday, a federal judge held that the action was not merely wrong on the merits, but illegal. If the decision is not overturned on appeal, women under 17 will (as they should) have the same access to emergency contraception that women over 17 have. The deplorable policy implications of the Obama administration's response does not, in itself, constitute an argument that it was illegal. The opinion by Reagan-appointed District Court judge Edward Korman, however, makes a compelling legal case that the override of the FDA was illegal. The crucial factor underlying Korman's opinion is the question of whether the executive branch followed the appropriate procedures. Congress, for better or worse, has the broad authority to regulate the availability of drugs. If it chose to ignore the...

It's a Nice Day for a Gay Wedding

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Last week's oral arguments in two landmark cases involving same-sex marriage will likely not be followed by opinions until late June. In the interim, there will be a great deal of speculation about what various rulings might mean. With respect to the legal challenge to Section 3 of the Defense of Marriage Act, speculation about the outcome will be less common because most legal observers (including me) expect a comfortable majority of the Court to strike it down. With respect to the challenge to California's Proposition 8, however, the outcome is less certain. Each outcome will lead to markedly different developments for gay and lesbian rights. For this reason it's worth teasing out the implications of the possible rulings in the challenge to Prop 8. The are three potential outcomes, which I will argue are in ascending order of desirability: Prop 8 Is Upheld This would be the worst-case scenario, a 21st century Bowers v. Hardwick , the 1986 case upholding a Georgia sodomy law. Kennedy...

Privacy, Property, and the Drug War

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While it is likely to attract little attention given today's epochal same-sex marriage arguments, the Supreme Court decided an important Fourth Amendment case on Tuesday. For the second time this year , the Supreme Court issued a ruling in a case involving drug-sniffing dog. This time, however, the Court did not allow the Fourth Amendment to be trumped by the War On (Some Classes of People Who Use Some) Drugs. Jardines v. Florida involved a home search that uncovered marijuana plants, leading to a conviction. The police received an unverified tip that marijuana was being grown in Jardines's residence, but presumably did not believe that this tip was sufficient to establish the "probable case" required by the Fourth Amendment to obtain a search warrant. To obtain a warrant, the police took a drug-sniffing dog, who indicated that it had found the scent of illegal drugs. The findings of the dog's actions were used to obtain a search warrant to search Jardines's house, which led to the...

Another Court Nominee Down

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Last Friday afternoon, the Obama administration surrendered on its latest attempt to fill one of four vacancies on the nation's second most-important court. Caitlin Halligan, facing a Republican filibuster, officially withdrew from consideration for a judgeship on the D.C. Circuit Court of Appeals. This is not surprising or unexpected. Halligan, who was nominated to fill the seat vacated by Chief Justice John Roberts, had seen her nomination languish since 2010. The successful filibuster that snuffed Halligan's nomination early this March represents another example of why real reform or (better yet) elimination of the filibuster is desperately needed. The filibustering of Halligan is striking, even in the context of an utterly dysfunctional Senate, for two reasons. First, Halligan is a mainstream nominee , with broad support for her credentials and temperament from across the political spectrum. And second, Obama is the first president in at least 50 years not to get a single nominee...

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