Carpenter v. United States was 5-4, with Ginsburg in the majority. The textualists stacked up firmly against it. I wouldn't expect any help from SCOTUS for th

Carpenter v. United States was 5-4, with Ginsburg in the majority. The textualists stacked up firmly against it. I wouldn't expect any help from SCOTUS for the next... ever. The textualist theory on privacy is basically: "no trespass, no problem". The trespass theory of privacy is why Scalia was in the majority on United States v. Jones (cant attach a GPS tracker to a car without a warrant) and Kyllo v. United States (cant invade the house with an IR camera without a warrant). The lack of a physical trespass explains why his intellectual bedfellows dissented in Carpenter.