I’m definitely not Antonin Scalia’s biggest fan, but – as the Cato Institute’s Walter Olson writes – “if there’s ever a time when Antonin Scalia really rises to the occasion, it’s when he serves as the Supreme Court’s liberal conscience.”

His dissent from the recent SCOTUS ruling on Maryland v King is, like the somewhat recent ObamaCare ruling, a glimmer of hope amidst all the despair. For those of you who are wondering, Maryland v. King is about whether or not the government has the right to extract your DNA – once you are arrested (but not booked or taken to jail) – and place it into a national search database.

And, in case you are further wondering, the distinction I drew between being arrested and being booked or taken to jail is an important one. This is because cops can arrest you without ever using handcuffs. All they have to do is utter the magic words: “you’re under arrest.” So, as an example, a cop can pull you over for having a broken taillight and if he doesn’t like your attitude he can simply arrest you. You don’t even have to get out of your car.

Here is a breakdown: Continue reading →