At 2:00 pm on Monday, December 9, an en banc panel (11 judges) of the United States Court of Appeals for the Ninth Circuit will argue, again, the constitutionality of California’s law requiring arrestees to provide DNA immediately for CODIS profiling. The district court judge upheld the law and a 2-1 decision of the appellate panel affirmed. The court granted rehearing en banc and heard the case argued in early September 2012 – eight weeks before the Supreme Court granted cert in Maryland v. King.
The Ninth Circuit then put the case on holding pending the Supreme Court decision. When that decision came down, it ordered supplemental briefs about the meaning of Maryland v. King for this case. It then ordered this re-argument.
Back in June, I put up a long post on the possible ways the court could distinguish California’s law from the Maryland law upheld by the Supreme Court, and followed it with a few shorter ones, here, here, and sort of, here. On Monday we’ll all have a chance to see what the en banc panel thinks – at least as far as their questions can show that.
To watch, go here shortly before 2:00 pm on Monday, December 9; click on Haskell v. Harris; and hope it works. Should be fun!