Scalia claimed that the prisoners had no right to DNA tests than might absolve them.
Of course, the Founding Fathers said nothing about DNA, so he was technically correct.
....
This is a lot better than technically correct!
Where the law or even the constitution needs updating , perhaps because of better science or new police problems, it might be wise of Judges to point to the problem, but it is not their job to make the change.
Legislators are not excused from their work because judges are so much wiser.
The law and even the constitution are meant to be updated almost constantly, and these updates should be in the control of the people.
So legislators need to be making these changes in legislatures and in referendum, which judges should then obey, as is their function.
If instead we allow judges to make decisions contrary to law, we can dispense with having law and electing legislators, a great savings in tax money of course , but some expenses are worthwhile.