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 Sam, "Distraction"

AP Images/Brandon Wade
Missouri defensive lineman Michael Sam was the co-winner of the Defensive Player of the Year for the powerhouse Southeastern Conference. While a little undersized for an NFL player at his position, Sam was certainly a decent pro prospect certain to be selected in the upcoming NFL draft. But Sam is no longer just of interest to SEC fans and NFL draft obsessives. On Sunday, Sam came out as gay . If he makes an NFL roster, he would certainly not be the first gay man to play in the NFL, but he would be the first to be out to the public during his playing career. Whether he will get a fair shot to make it as an NFL player, however, is not entirely clear, as multiple NFL decisionmakers have announced their intent to discriminate. Of course, these anonymous executives and coaches who spoke to Sports Illustrated cloaked their bias in various passive-aggressive evasions. A gay player would "chemically imbalance an NFL locker room and meeting room" said one. "[D]o you really want to be the top...

GOP to Working Poor: Drop Dead

AP Images/Charles Dharapak
In one of the better lines in last night's State of the Union address , President Obama chided House Republicans for their endless series of votes to repeal the Affordable Care Act: "[L]et's not have another 40-something votes to repeal a law that's already helping millions of Americans ... The first 40 were plenty." He followed up by observing that "we all owe it to the American people to say what we're for, not just what we're against." As it happens, last week three Republican senators outlined a plan that can be fairly described as a Republican plan to replace Obamacare. (The basic features of the plan are clearly described by Sarah Kliff of Wonkblog here .) Because most of the Republican Party convinced themselves in 2009 that a tax penalty for people who don't carry health insurance was a grave threat to the American constitutional order, the plan does not include an individual mandate. But otherwise, in its general priorities the plan strongly resembles the Heritage Plan of the...

Federal Board Finds NSA Program Illegal and Unjustified

AP Images/Oliver Berg
Yesterday, as Charlie Savage of the New York Times reported , the Privacy and Civil Liberties Oversight Board (PCLOB) created by Congress issued a comprehensive report on the National Security Administration's collection of telephone data. This damning report makes it clear that President Obama's proposed reforms to the program don't go far enough . The PCLOB report raises serious questions about the legality of the program, and perhaps even more importantly, finds scant evidence that it has been effective at achieving its anti-terror goals. To start with question of the legality of the NSA program, the report raises both statutory and constitutional concerns. The report finds that the program exceeded the authority granted by Congress under Section 215 of the Patriot Act. According to the report, "Section 215 is designed to enable the FBI to acquire records that a business has in its possession, as part of an FBI investigation, when those records are relevant to the investigation...

One Small Step for the Fourth Amendment

AP Images/Susan Walsh
Last week, Barack Obama delivered a speech announcing some reforms in response to Edward Snowden's revelations about the National Security Agency. As with most aspects of Obama's record on civil liberties, my response is inevitably mixed. The outlined reforms would certainly constitute a real improvement over the status quo, but they are also too narrow and limited. Some of these limitations reflect real political constraints, while others don't. To start with the good news first, Obama has announced that some checks and balances will be restored to the NSA's inquiries under Section 215 of the Patriot Act. Under current practices, the NSA doesn't need to get judicial approval to query the database of metadata it collects; it can simply make queries if it makes a self-determination that the query was "reasonable." This self-enforced reasonableness standard is functionally indistinguishable from having no standard at all. Obama announced that he was ending this practice: the database...

Can States Protect Access to Reproductive Health Clinics?

The fate of Massachusetts's buffer-zone law doesn't look promising after yesterday's Supreme Court oral arguments. 

AP Images/Steven Senne
Yesterday, the Supreme Court heard oral arguments in McCullen v. Coakley, which concerns a challenge to a Massachusetts law creating a 35-foot buffer zone around health clinics. The Court upheld at least one form of buffer zone in the 2000 case Hill v. Colorado. But as the Prospect 's Amelia Thomson-DeVeaux noted in her comprehensive preview of the case, personnel changes to the Court put the buffer zone on much thinner ice. Two members of the 2000 majority (O'Connor and Rehnquist) have been replaced by justices much more likely to be hostile to the law (Alito and Roberts.) The oral argument generally support this head-counting—the question appears to be not whether Massachusetts will lose but how bad the loss will be. Workers at clinics and women seeking reproductive health care may pay a substantial price. The key issue in the case is whether the 35-foot buffer zone is constitutional as a "place, time and manner" restriction on speech. Speech that would otherwise be constitutionally...

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