One advantage of blogging is that I get to pose questions that have always bugged me. In light of the Supreme Court’s activity this week, in which they handed down Arizona v. Gant (a case on warrantless car searches), and heard argument in Safford United School District v. Redding (a case about the strip-search of a teenage student), here’s my question — why does the Court take so many Fourth Amendment cases?
Now I am not a Fourth Amendment scholar, so perhaps this just reflects a certain envy that the Justices don’t take the cases that I’m interested in more often. But it’s always struck me that most of the Fourth Amendment cases where certiorari is granted are pretty fact-intensive. Ordinarily, you wouldn’t think they would be good candidates for Supreme Court attention, even in the presence of a circuit split.