October 2, 2007
Ninth Circuit rejects challenges to DNA Act
Joining every other circuit to consider these and related issues, the Ninth Circuit today in US V Lujan, No. 02-30237 (9th Cir. Oct. 2, 2007) (available here), summarily rejected various challenges to the DNA Act. Here is how the opinion starts:
Lisa Renee Lujan appeals from the district court’s order authorizing the probation office to demand the collection of a blood sample as a condition of her supervised release, as mandated by the DNA Analysis Backlog Elimination Act of 2000 (“DNA Act”), 42 U.S.C. §§ 14135-14135e. She alleges that the Act violates the Fourth Amendment and the Ex Post Facto Clause, that it is an unconstitutional bill of attainder, and that it contravenes separation of powers. We reject these constitutional challenges and affirm.
October 2, 2007 at 01:19 PM | Permalink
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Note that today's decision was cleanup work, with the primary action having already taken place in the Kincade and Reynard decisions, cited in the opinion. Certiorari was denied yesterday in Reynard.
Posted by: Kent Scheidegger | Oct 2, 2007 4:46:10 PM
Posted by: George | Oct 2, 2007 7:09:06 PM