The collection of DNA evidence is a powerful crime-control tool, but it also has the potential to lead to greater invasions of privacy. Today, a bare majority of the Supreme Court held in Maryland v. King that the former considerations should outweigh the latter. The Court's ruling both creates important Fourth Amendment law and illustrates some important facts about the personnel on the Court. The question at issue in Maryland v. King is whether DNA information could be collected (via a cheek swab) from someone arrested for—but not convicted of—an offense.
On Monday, news broke that federal officials had secretly seized the phone records of Associated Press reporters. AP President Gary Pruitt reacted with understandable anger, calling the seizure "an overbroad collection of the telephone communications of The Associated Press and its reporters." Is Pruitt right? There are two questions that need to be answered. Was the seizure legal? And, if so, was it justified?
Last week, a decision by the D.C. Circuit Court of Appeals provided an excellent example of how both presidential action and inaction can matter. Because of the former, the National Labor Relations Board had issued a rule intending to alleviate the power disparities between workers and employers. But in part because of action by Republican presidents and inaction by Democratic presidents, the rule is no longer in effect. And while the outcome of the case is hardly surprising, the sheer radicalism of the court's holding is yet another sign of how in the tank much of the powerful D.C. Circuit is for powerful business interests.