A dazzling fall morning on the Supreme Court plaza as spectators line up for oral arguments.
One of those arguments, Shapiro v. McManus, was about whether a lawsuit challenging Maryland redistricting should be decided by a three-judge panel. It’s a bit technical and I won’t attempt to explain. The New York Time’s Adam Liptak reports on the argument here.
Be sure to read to the end of Liptak’s article for the exchange between Maryland Assistant Attorney General Steven Sullivan and Justice Scalia on the topic of “little green men and extraterrestrials”.
In an opinion delivered by Justice Kennedy today the Supreme Court said that taking a DNA sample from a suspect is the same as fingerprinting someone upon arrest, and that the purpose is indentification of the suspect “When officers make an arrest supported by probable cause to hold for a serious offense and they bring the suspect to the station to be detained in custody taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment,” said Justice Kennedy.
“That assertion taxes the credulity of the credulous,” said Justice Scalia in a dissent delivered from the bench. “In approving that suspicionless search, the Court has cast aside a bedrock rule of our Fourth Amendment …”
The case is Maryland v. King