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Collecting DNA From Arrestees, Cont.

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On July 18, I noted that Chief Justice Roberts had issued a stay in Maryland v. King, permitting Maryland's process of collecting DNA samples from persons arrested for burglary or violent crimes to continue.

Today, the CJ issued this in-chambers opinion re-issuing his stay.

To begin, there is a reasonable probability this Court will grant certiorari. Maryland's decision conflicts with decisions of the U. S. Courts of Appeals for the Third and Ninth Circuits as well as the Virginia Supreme Court, which have upheld statutes similar to Maryland's DNA Collection Act.
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Finally, the decision below subjects Maryland to ongoing irreparable harm. "[A]ny time a State is enjoined by a court from effectuating statutes enacted by representatives of its people, it suffers a form of irreparable injury." ... Collecting DNA from individuals arrested for violent felonies provides a valuable tool for investigating unsolved crimes and thereby helping to remove violent offenders from the general population. Crimes for which DNA evidence is implicated tend to be serious, and serious crimes cause serious injuries. That Maryland may not employ a duly enacted statute to help prevent these injuries constitutes irreparable harm.
Update: Adam Liptak has this story in the NYT.

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