It ends not with a bang, but with a whimper.
The question is whether the federal Bail Reform Act, which requires DNA to be taken from individuals arrested for (but not convicted of) a crime, is constitutional. A split panel of the Ninth Circuit decides that it is, I promptly predict that the case will be taken en banc, and it is.
Today was the scheduled date of oral argument in San Francisco. But Pool just pled guilty. Which makes the case moot. So the argument's called off and the appeal dismissed as moot.
You'll undoubtedly see an identical case shortly. But for now: No Ninth Circuit precedent.
