When I agree with Antonin Scalia (and so do justices Ginsburg, Kagan, and Sotomayor), and disagree with Stephen Breyer (who agrees with Thomas and Alito), something has gone wrong with the universe. On Monday, the inversion of reality happened when the Supreme Court announced its decision in Maryland v. King, finding that police can go fishing with your DNA:
The police may take DNA samples from people arrested in connection with serious crimes, the Supreme Court ruled on Monday in a 5-to-4 decision.
The federal government and 28 states authorize the practice, and law enforcement officials say it is a valuable tool for investigating unsolved crimes. But the court said the testing was justified by a different reason: to identify the suspect in custody.
Justice Scalia went apeshit, and for once I think he's absolutely correct to do so:
With rigor and wit, Scalia meticulously demolishes this made-up claim. “The Court’s assertion that DNA is being taken, not to solve crimes, but to identify those in the State’s custody, taxes the credulity of the credulous,” Scalia begins. He then describes the “actual workings of the DNA search at issue here” on which the Court is “strangely silent.”
Scalia concludes his inspiring dissent by noting the tremendous stakes in the case, and the dangers posed by the Court’s uncritical approval of DNA testing of arrestees—a decision that will affect the “nearly one-third of Americans [who] will be arrested for some offense by age 23.” He predicts that although “the Court disguises the vast (and scary) scope of its holding by promising a limitation it cannot deliver”—namely, that DNA testing will be limited to those arrested for serious crimes such as felonies—the logic of the decision would, in fact, allow DNA tests to “identify” those arrested for traffic offenses. He then directly addresses American citizens, in rousing words that he read from the bench: "Make no mistake about it: As an entirely predictable consequence of today’s decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason.” And he ends with one of his most memorable images: “Perhaps the construction of such a genetic panopticon is wise. But I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection.”
I honestly don't get Breyer joining the majority on this one, though. That's just weird.