By Ryan Abbott
Justice Scalia filed an opinion concurring in part and concurring in the judgment of the Myriad decision.
“I join the judgment of the Court, and all of its opinion except Part I–A and some portions of the rest of the opinion going into fine details of molecular biology. I am unable to affirm those details on my own knowledge or even my own belief. It suffices for me to affirm, having studied the opinions below and the expert briefs presented here, that the portion of DNA isolated from its natural state sought to be patented is identical to that portion of the DNA in its natural state; and that complementary DNA (cDNA) is a synthetic creation not normally present in nature.”
In particular, the following line caught my attention: “I am unable to affirm those details on my own knowledge or even my own belief.”
The purpose of this concurrence escapes me. Surely he’s heard any number of cases related to highly technical issues in areas such as telecommunications or oil exploration where most people lack personal knowledge. What is it about the Court’s very conventional review of molecular biology that defies belief? Is Justice Scalia denying the existence of science? What do you think?