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by jessaustin 2908 days ago
That was less than a month ago.
1 comments

yep. one of the interesting things about Carpenter v. United States was that Chief Justice Roberts (a Bush appointee) joined the more liberal members of the court to form a 5-4 majority.

perhaps even more interesting, Trump appointee Gorsuch seemed to be saying that even more general data privacy could exist under the fourth amendment: ... it seems to me entirely possible a person's cell-site data could qualify as his papers or effects under existing law.

this offers a far better explanation than i can give: http://reason.com/blog/2018/06/22/scotus-rejects-warrantless...

Yeah if one actually pays attention to what Gorsuch wrote this was more like a 6-3 decision. I almost feel like he's reaching out to Thomas with this dissent, so that next time around Thomas will feel comfortable limiting police power. I think Alito is a lost cause, and now Kennedy is gone. If Gorsuch and Thomas are both down for 4A, one could imagine Roberts joining them. At that point one could imagine a 7-2 or even 8-1 decision in favor of restoring the Fourth Amendment over all state activity. That would be great, and one could trace it back to this "concurring" dissent...