I am anxious to hear what the Justices have to say, and to share my thoughts about it with the public and the press. But I cannot make it to DC for the argument, and the Supreme Court will not be releasing the audio of the argument until Friday. This is really inexcusable—part of a deliberate policy on the Court to mystify its proceedings. It is a government body holding a public hearing. Why should its deliberations not be more widely available to the public, at least via audio?
The Court will release a transcript tomorrow afternoon, and I will post a link when it is available.
In the meantime, here is my analysis of the stakes in the case for Slate.