The list of Supreme Court justices dissenting from the majority opinion in Monday's 5-4 decision on police taking DNA samples looked like a familiar one, for the most part: Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor and… Antonin Scalia? The Reagan appointee is as reliable in his "originalist" interpretation of the law as he is well-known for his acerbic tone at oral arguments. But in cases like this one — which considered whether swabbing a suspect's cheek for DNA constituted an unreasonable search under the Fourth Amendment — the arch conservative has appeared more concerned with privacy, according to SCOTUSblog publisher Tom Goldstein. "We’ve seen several decisions where he has joined more liberal justices to find greater privacy rights," Goldstein said. Still, Scalia's attitude toward privacy is unclear -- at best. Last year, he told Fox News that the Supreme Court "was wrong" when it found a constitutional right to privacy in its 1965 ruling in Griswold v. Connecticut, which set the stage for Roe v. Wade.
