SCOTUS Acts Outside Its Authority All The Time


#1

SCOTUS Acts Outside Its Authority All The Time | Mike Church

Good dialogue on the DNA decision.


#2

I dont know if good is the word I would use

from the article

The Maryland statute in the Maryland Declaration of Rights clearly says that the perp who has his DNA collected, because it wasn’t collected as the result of a warrant pursuant to that crime, the state was in violation, and that’s what the lower court in Maryland said.

Wrong the lower court claimed that DNA swabbing upon arrest violated the 4th amendment, so the SCOTUS didnt overstep in this case not that they dont do so in others.


#3

[quote=“UNTRugby, post:2, topic:39716”]
I dont know if good is the word I would use

from the article

Wrong the lower court claimed that DNA swabbing upon arrest violated the 4th amendment, so the SCOTUS didnt overstep in this case not that they dont do so in others.
[/quote]

SCOTUS upheld the use of DNA swabbing upon arrest. So if the lower court ruled that DNA swabbing upon arrest violated the 4th amendment, then SCOTUS ruled differently. I did not use the word “overstep” because of the Supremacy Clause.


#4

What is your point? The SCOTUS has the authority to rule on matters of the constitution


#5

Not terribly productive dialogue…


#6

Sorry for the confusion. I for one may be the one who is confused. UNT said, “Wrong the lower court claimed that DNA swabbing upon arrest violated the 4th amendment, so the SCOTUS didnt overstep in this case not that they dont do so in others.” I took this to mean that UNT thought that SCOTUS did not override the lower courts decision, when SCOTUS clearly did. I could have misinterpreted UNT’s comment.


#7

What I was saying is that the SCOTUS didnt step outside of their jurisdiction in the ability to make a ruling on the case, yes their ruling overrode the lower courts decision as in their right when it comes to constitutional matters


#8

Oh I certainly agree. Sorry for my confusion.