This is an interesting decision in historical context for several reasons.<p>First, the Fifth Circuit is conservative. It includes Texas, Louisianna and Alabama. It's become known as the fast-track to the Supreme Court as it has ruled very conservatively at both the district and appellate level. This problem is exacerbated by how the Fifth Circuit is organized where the districts in the circuit are divided into divisions of often 1-2 judges, allowing plaintiffs to very effectively "judge shop".<p>Second, in modern times the Fourth Amendment has been consistently weakened by successive Supreme Court. A notable example if the 1968 case Terry v. Ohio that allowed police to stop people and search them without probably cause. Another huge example if the whole concept of civil asset forfeiture, which was justified by (IMHO) the most contorted mental gymnastics: this pile of money has no rights. But it was found in someone's car. How is it not their property and thus the Fourth Amendment limitation on unlawful search and seizure should apply?<p>Third, the Supreme Court will likely take this case up now. Why? Because the Fourth and Fifth Circuits have issued conflicting rulings. That's when the Supreme Court steps in, more often than not.<p>Fourth, if a user's location data has a rasonable expectation of privacy, it raises the question of what other data has a reasonable expectation of privacy? What about law enforcemen tuse of Stingrays? Or facial recognition systems?