Scalia corrects USSC majority in police DNA swab case

Justice Anthony Kennedy, writing for the majority, compared DNA to fingerprints and mug shots. That is not a serious comparison. DNA is everything that you are genetically. It reveals diseases your are predisposed to. It tells people things you may not want to know yourself. And there are new developments coming along all the time that will tell an even fuller story about you. I haven’t checked to see whether a person can be tissue-typed for organ donation via DNA, but if that becomes available, anyone looking for an organ, with sufficient money, will be able to find one by either having the DNA database hacked or by bribing his way into it. And then he gets to come get the kidney or liver or heart. That’s not sci-fi anymore folks.

Scalia doesn’t go that far in his vigorous dissent, but the implications of this category error by Kennedy et al., about DNA as simply another means of identification, will now require either a future USSC decision overturning it or a Constitutional amendment. It’s bad enough to merit either or both.

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