Criminal defendants have no federal constitutional right of access to DNA evidence after they are convicted, the U.S. Supreme Court ruled on Thursday.

By a 5-4 vote in District Attorney’s Office for the Third Judicial District v. Osborne, the court concluded that establishing rules on DNA evidence should be the job of legislators, not justices. “To suddenly constitutionalize this area would short-circuit what looks to be a prompt and considered legislative response” by the states and Congress, wrote Chief Justice John Roberts Jr. for the majority.

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