In which I get to say “I told you so” about Kagan being an Alito clone:

Reactions to Jones v. United States: The government fared much better than everyone realizes
scotusblog.com

One of the puzzles of the case is why other liberal members of the Court (Justices Ginsburg, Breyer, and Kagan) join in Justice Alito’s rejection of the majority’s finding that the installation of the GPS device is a “search.” Like Justice Sotomayor, they could have agreed with Scalia on the installation and Alito on the long-term monitoring. I think that the answer is probably a principled one about doctrine. Justice Scalia’s “trespass” theory, they may believe, is a vehicle towards narrowing privacy rights. Justice Sotomayor was apparently persuaded by Scalia’s unequivocal statement that privacy expectations are properly measured by both his trespass analogy and more modern assessments of reasonable expectations of privacy. I’m unclear on why the remainder of the Court’s left was not. The liberals may have concluded that Alito has the better reading of the cases, and because they are less naturally inclined towards property rights, they were swayed by the questions of administrability he raises.

Sotomayor has been getting a lot of good reviews for her seperate concurrance which this piece includes:

A final note. I think that it will be a long time before people realize that this is one of Justice Sotomayor’s most significant opinions. Justice Thomas has received significant recognition for his willingness to rethink broad areas of the law. Today, Justice Sotomayor indicated her interest in “reconsider[ing] the premise” established in several Supreme Court decisions “that an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties.” Op. at 5. Of course, their approaches are almost diametrically opposed – Justice Thomas is concerned with the meaning of the Constitution around 1812, while Justice Sotomayor would adapt it to “the digital age” of 2012. The way their views develop and the influence they gain will be fascinating.