Nino’s Gant Rant

June 3rd, 2013

Scalia’s footnote 6 in Maryland v. King may be one of the best uses of a parenthetical in a long time:

I therefore dissent, and hope that today’s incursion upon the Fourth Amendment, like an earlier one,6 will some day be repudiated.

6 Compare, New York v. Belton, 453 U. S. 454 (1981) (suspicionless search of a car permitted upon arrest of the driver), with Arizona v. Gant, 556 U. S. 332 (2009) (on second thought, no).

Scalia’s conclusion, warning about a “genetic panopticon” is frightening!

Today’s judgment will, to be sure, have the beneficial effect of solving more crimes; then again, so would the taking of DNA samples from anyone who flies on an airplane (surely the Transportation Security Administration needs to know the “identity” of the flying public), applies for a driver’s license, or attends a public school. 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.