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DNA Testing Under Section 1983

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The Supreme Court today allowed the use of civil rights actions under 42 U.S.C. ยง1983 for postconviction DNA testing.  The opinion in Skinner v. Switzer, No. 09-9000, is here (6-3: Ginsburg, Roberts, Scalia, Breyer, Sotomayor, Kagan; dissent Thomas, Kennedy, Alito).

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Ugh. Another last-minute, strategically filed claim delays justice. "Death is different." That's the explanation for this case, and Part III was used to get Scalia and Roberts on board.

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