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

Will the Fourth Amendment Go Mobile? SCOTUS and the Fate of 21st Century Privacy

07-12-09 © billyfoto
On Tuesday, the Supreme Court heard oral arguments in two cases whose outcomes will have major ramifications for Fourth Amendment and privacy rights. Both cases, Riley v. California and United States v. Wurie , involve convictions based, in part, on evidence uncovered from a mobile phone searched without a warrant after the suspect was arrested. (In Riley , the warrantless search was upheld by the California courts; in Wurie , the warrantless search was determined by the 1st Circuit Court of Appeals to have been illegal.) Warrantless searches are, in general, presumptively not "reasonable" and are therefore forbidden by the Fourth Amendment, which protects against unreasonable searches and seizures . There are, however, allowable deviations from this general rule. One longstanding exception is that police have a right "to search for and seize any evidence on the arrestee's person in order to prevent its concealment or destruction," as set out in the high court's 1969 decision in...

Justice Sotomayor's Powerful Defense of Equality

AP Photo/Steven Senne
AP Photo/Steven Senne Supreme Court Justice Sonia Sotomayor Yesterday, the Supreme Court upheld a provision of Michigan's constitution that bans the state or any of its subdivisions from "grant[ing] preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting." The Court was fractured; the six justices who voted to uphold the amendment did so for three independent reasons. Written by Justice Anthony Kennedy, the plurality decision—to which Chief Justice John Roberts and Associate Justice Samuel Alito signed on—was narrow: It upheld the amendment without disturbing any precedent. Far more interesting was Justice Sonia Sotomayor's dissent, which makes a strong case for a robust interpretation of the equal-protection clause of the 14th Amendment and represents perhaps her most compelling work in her tenure on the Court so far. The case for...

How John Paul Stevens Would Amend the Constitution

AP Images/Manuel Balce Ceneta
What made John Paul Stevens's contributions in his 35 years on the Supreme Court so invaluable was not just the votes he cast but his fiercely intelligent idiosyncrasies. On issues ranging from the fundamental incoherence of trying to use different categories of scrutiny to apply the equal protection clause to the Establishment Clause, to problems presented by the Religious Freedom Restoration Act, to racial discrimination in the War on Drugs, Stevens carved out unique positions that have generally aged much better than the alternatives. So it's gratifying that Stevens has not retired in silence, instead providing valuable commentary on constitutional controversies including the right to vote and the American criminal justice system . Stevens's new book , Six Amendments: How and Why We Should Change the Constitution , represents another valuable and accessible contribution to the country's constitutional discourse. The premise of the book is accurately captured by the title, which...

Roberts Court: Government Must Be By, and For, the Wealthy

AP Images/Dana Verkouteren
Everyone who thinks that the rich don't have enough influence on American politics can rest easier. In an expected but still depressing decision today, the Supreme Court struck down aggregate limits on how much an individual can donate to politicians and political parties within a 2-year window as a violation of the First Amendment. Having already made it impossible for Congress to place significant restrictions on campaign spending, a bare majority of the Court is now chipping away at the ability of Congress to place limits on donations as well. It must be said that Chief Justice Roberts's plurality opinion in McCutcheon v. FEC has a certain logic if one accepts the key underlying premise. Relying on the Court's 1976 opinion Buckley v. Valeo , Roberts argues that the only legitimate reason for limiting campaign donations or spending is to address corruption. (Under this logic, Buckley gave Congress and state governments very little leeway to restrict campaign spending, but left them...

Federal Court Upholds Texas's War On Roe v. Wade

AP Images/RON T. ENNIS/Fort Worth Star-Telegram
Last year, as much of the nation is aware thanks to Wendy Davis , Texas passed a particularly draconian abortion law. Predictably, the law has already caused abortion clinics to close, and by the end of the year there are expected to be only 6 clinics remaining to serve the nation's second-largest state. Despite the huge burdens that the statute will undeniably place on the women of Texas and despite the fact that the laws aren't designed to accomplish anything but to make abortion less accessible, a 3-judge panel of the 5th Circuit Court of Appeals has upheld the law . And, depressingly, the court's decision could well survive review by a Supreme Court that is almost as hostile to the reproductive rights of women. Under the Supreme Court's 1992 decision Planned Parenthood v. Casey , which at least formally upheld Roe v. Wade , pre-viability regulations of abortion are constitutional if they do not impose an "undue burden" on a woman's right to choose. One might think it obvious that...