The Ninth Circuit en banc oral argument in United States v. Pool, No. 09-10303, has been scheduled for September 20, 2011, 10 a.m., in San Francisco. Thirty minutes of argument per side. The primary issue is whether the mandatory taking of DNA from all persons arrested for federal felony offenses (before conviction) as a condition of pretrial release violates the Fourth Amendment. See my 9/14/11 post on the Ninth's 2-1 decision last September.
With an assist from Pool's attorney, Rachelle Barbour (my clinical trial advocacy co-teacher at McGeorge School of Law), the Ninth Circuit briefs are available below:
Pool Opening Brief, 10/5/09
Gov't Answering Brief, 11/4/09
Pool Reply Brief, 11/16/09
Pool Petition for Rehearing En Banc, 10/28/10
ACLU Amicus Brief in Support of Pool, 11/5/10
Gov't Opp. to Petition for Rehearing En Banc, 12/21/10
State of California Amicus Brief in Support of Gov't, 7/7/11
DNA Saves Amicus Brief in Support of Gov't, 7/25/11
Pool Supplemental En Banc Brief, 7/25/11
EFF's Amicus Brief in Support of Pool, 7/25/11
EPIC Amicus Brief in Support of Pool, filed 7/25/11
Gov't Supplemental Brief, 8/15/11
Pool Supplemental Reply Brief, 8/22/11