UPDATE (11/22): The Supreme Court rejected Ilya and JP’s request and will release audio in the case at the end of the argument week, Dec. 8.

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Opposite sides of a major upcoming Supreme Court case over competing First Amendment claims have sent the following letter to Chief Justice Roberts today requesting same-day audio in that case:

Dear Chief Justice Roberts:

We are the counsels of record on amicus curiae briefs in 16-111, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. Although we support different sides of the case, we write jointly to urge the Supreme Court to provide an audio recording of its oral argument on the Court’s website the day it is argued, Dec. 5.

Given the heightened attention the case has garnered over competing constitutional claims, expedited audio access would meet a compelling public interest—as the Court has previously acknowledged by permitting same-day audio more than two dozen times in the past. We believe that elevating cases such as this can foster a greater understanding of and respect for our courts.

Thank you for considering this request.

Sincerely,

Ilya Shapiro
Cato Institute

John Paul Schnapper-Casteras
NAACP LDF