Supreme Court to review key section of Voting Rights Act

By Robert Barnes,November 09, 2012
(Page 2 of 2)

The Obama administration aggressively used Section 5 during this year’s election season to challenge restrictions on voting passed by Republican-led legislatures. The states said the changes were meant to combat voter impersonation fraud or make Election Day easier on election officials.

The case is Shelby County v. Holder .

The court also agreed to decide Friday a case from Maryland that pits individual privacy rights against the state’s ability to conduct criminal investigations.

The issue is whether police may take DNA samples from those arrested in connection with, but not convicted of, violent crimes. Police took a sample from Alonzo King Jr. in 2009 when he was arrested on assault charges, under a law that authorized gathering DNA from those arrested on charges of violence or burglary.

The sample linked King to an unsolved 2003 rape case.

The Maryland Court of Appeals threw out the rape conviction, saying the collection violated King’s constitutional rights and was more intrusive than simply taking fingerprints.

Chief Justice Roberts had stayed the Maryland court’s opinion while the court decided whether to review the case, and the collection of DNA samples has continued. Maryland Attorney General Douglas F. Gansler said the DNA database identifies the perpetrators of “some of our state’s most gruesome unsolved cases.”

Stephen B. Mercer of the Maryland Office of the Public Defender said he is confident that the court will eventually agree that “that persons who are presumed to be innocent should not be subject to warrantless seizure and indefinite retention of their intensely personal genetic information.”

Aaron C. Davis contributed to this report.

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