Actually its conservative judges arguing that position.
Actually, it’s both. Breyer and Souter asked similar questions.
No more telling illustration of the Court?s mood emerged than Justice David H. Souter ? whose vote would almost have to be won for student privacy to prevail ? expressing a preference for ?a sliding scale of risk? that would add to search authority ? including strip searching ? based on how school officials assessed whether ?sickness or death? was at stake.?If the school official?s thought process,? Souter asked, ?was ?I?d rather have a kid embarrassed rather than some other kid dead,? isn?t that reasonable under the Fourth Amendment?? Stated in that stark way almost compelled agreement, without regard to whether a student singled out for a strip search was actually adding to such a risk, but was only the target of a classmate?s unverified tip.Along with Souter, two other Justices whose votes might turn out to be crucial ? Stephen G. Breyer and Anthony M. Kennedy ? were plainly more concerned about the drug problem than with student privacy. Both of those Justices, in past cases involving students and suspected drug use, have suggested that students? rights were not very sturdy.
http://www.scotusblog.com/wp/analysis-a-fear-may-drive-a-decision/
“Actually its conservative judges arguing that position.”
They call themselves conervative, but they are just as liberal as any liberal out there. Unfortunately, some people think it is conservative to be against drugs at any cost, including losing any and all liberties.