The panel selected for the Ninth Circuit oral argument in U.S. v. Pool on December 7 is judges Mary M. Schroeder, Consuelo M. Callahan, and 10th Circuit judge Carlos F. Lucero. That's the case that is to review the constitutionality of the federal statute requiring that everyone arrested for a federal felony must provide a DNA sample as a condition of pretrial release. At least one district court judge has found that the statute's mandatory DNA collection before conviction violates the Fourth Amendment. See post on W.D. PA decision. Upon request of defense counsel, EDCA magistrate judges have generally stayed collection of DNA from an arrestee pending the Pool decision.
Briefing in the Ninth Circuit is available here: Pool Opening Brief, Gov't Pool Brief, and Pool Reply Brief
My earlier posts on this subject are available here: DNA Testing Posts