As of the publication of this post, the argument is happening right now, at 3 p.m. Pacific, 6 p.m. Eastern. It will last one hour. The live stream is available at the Web site for the Ninth Circuit Court of Appeals. This link should take you straight to the streaming video. [UPDATE: Sorry, arguments in the Ninth Circuit are usually video, but I’m told this time it was just audio.]
The judges include two Democrat appointees, and one Republican appointee:
The three-judge panel includes Judge William C. Canby Jr, an appointee of President Jimmy Carter, Judge Michelle T. Friedland, who was appointed by President Barack Obama, and Judge Richard R. Clifton, an appointee of President George W. Bush.
A decision could be issued today. Stay tuned.
This case is likely going to the Supreme Court, where the Court is divided 4-4 along ideological lines. A tie in the Supreme Court has the effect of affirming the lower court decision (without precedential value). That means there’s a good chance the Ninth Circuit will have the final word on this for now. The stakes are very high.
Those wishing to delve deeper (perhaps after the hearing) might benefit from a few links. The ruling being appealed can be read at this link. Video of the arguments in the District Court below can be viewed here. A commenter of mine summarized the states’ arguments in the District Court here. And the Government’s emergency motion in the Ninth Circuit, setting forth the Government’s position, is here.
UPDATE: My apologies. Oral arguments in the Ninth Circuit are usually made available in video form, but I’m told this was audio only. I’d change the headline, but it’s over now…
UPDATE x2: If you missed it, here is the archived video (which contains only audio).