SAN FRANCISCO Before ACLU attorney Michael Risher could begin arguing against California’s DNA collection law at the Ninth Circuit on Wednesday, Judge Milan Smith Jr. had a question: U.S. District Judge Charles Breyer was the trial judge on the case, Smith noted, which means that if it reaches the Supreme Court, Justice Stephen Breyer would likely recuse himself.
“Are you sure you want this to be your test case?” Smith asked.
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