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

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 Two members of the 2000 majority (O'Connor and Rehnquist) have been replaced by justices much more likely to be hostile to the law (Alito and Roberts.)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...

A Farce in Cooperstown

Tearing to shreds the argument against putting Barry Bonds and Roger Clemens in the Baseball Hall of Fame—or letting Deadspin have their say in the matter.

AP Photo/Duane Burleson, File
Late last year, Tim Marchman of the muckraking sports site Deadspin announced a plan to "buy" the baseball Hall of Fame vote of a sportswriter. The logic of Deadspin's stunt was clear enough. For the first 15 years of a player's eligibility, the Hall of Fame vote is controlled by the increasingly small spectrum of the media represented by the Baseball Writers Association of America. The BBWAA's votes, wrote Marchman, had become "a way for an electorate dominated by neo-Puritan scolds, milquetoast handwringers, and straight-out dimwits to show how high its standards are" by rejecting recently retired players who vastly exceed historical standards for induction. A writer agreed to turn his ballot over to a fan poll of Deadspin readers. On Wednesday, as this year's Hall of Fame vote was announced, Deadspin revealed the identity of the writer: Dan Le Batard of EPSN and the Miami Herald . Not surprisingly, the BBWAA reacted by stripping Le Batard of his privilege to vote for the Hall of...

No, Obamacare Wasn't a "Republican" Proposal

flickr/Ralf Heß
The filmmaker Michael Moore has, through his fine documentary Sicko and other public arguments, done a great deal to bring attention to the deficiencies of the American health-care system. His New York Times op-ed on the occasion of the first day of the Affordable Care Act's exchanges repeats some of these important points. However, his essay also repeats a pernicious lie: the idea that the Affordable Care Act is essentially a Republican plan based on a Heritage Foundation blueprint. This argument is very wrong. It is both unfair to the ACA and far too fair to American conservatives. Before explaining why a central premise of Moore's argument is wrong, let me emphasize our points of agreement. It is true that the health-care system established by the ACA remains inequitable and extremely inefficient compared to the health-care systems of every other comparable liberal democracy. Moore, unlike some critics of the ACA from the left, is also careful to note that the ACA is a substantial...

Polyamory, the Right to Privacy, and Religious Freedom

Last week, a federal District Court judge in Utah struck down a law used to prosecute members of polyamorous relationships. Predictably, some conservatives immediately brought up the slippery slope to legalized adult incest and legal " teen sex cults ." However, the decision is a very rational and straightforward application of core principles of the right to privacy and religious freedom. It is crucial to understand, first of all, that Judge Clark Waddoups's decision in Brown v. Buhman did not "legalize bigamy." The lawsuit was brought by the reality television star Kody Brown, who lives in a polyamorous relationship with four women but is only legally married to one. Brown did not even contest Utah's limitation of marriage to couples, and Judge Waddoups deferred to a Supreme Court precedent dating back to the 19th century holding that bans on bigamy are constitutional. Rather, the decision concerns an unusual, extraordinarily broad provision of Utah law under which "[a] person is...

Four Takeaways from Yesterday's NSA Ruling

Flickr/passamaquoddy eagle
Flickr/Cliff Y esterday, U.S. District Court Judge Richard J. Leon ruled that the National Security Agency's extensive collection of "metadata"—as revealed by Edward Snowden earlier this year—is likely to have violated the Fourth Amendment. Justice Leon stayed his ruling ordering the government to stop the warrantless surveillance of two plaintiffs pending a trial. Given the inevitable appeal, we're a long way from the end of this NSA program—even if Judge Leon rules again in favor of the plaintiffs. Not every legal challenge to the metadata program was successful. Judge Leon dismissed a challenge based on the theory that the NSA's program exceeded the statutory authority granted by Congress. The court ruled that it lacked the jurisdiction to hear the claim under the Administrative Procedures Act. Judge Leon did, however, find that he had jurisdiction to hear the constitutional claims against the program. "While Congress has great latitude to create statutory schemes like FISA," the...

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