The Supreme Court announced yesterday that it will release audio of the oral argument in the Second Amendment case, D.C. v. Heller, on the day of the argument. This continues the Court's recent practice of releasing same-day audio in high profile cases. But this practice only begs the question: Why doesn't the Court release same-day audio in all cases.

Audio of the oral argument is very useful for those of us who wish to analyze pending cases, or share portions of arguments with our students. Any fear some justices may have that release of the audio would encourage grandstanding is undercut by the Court's release of audio in high-profile cases, as these are the cases in which the threat of grandstanding would seem to be greatest. In any event, I don't the audio tapes that have been released validate such fears. Rather, the tapes are a useful (and convenient) complement to and substitute for the written transcripts. I also think releasing same-day audio is in the Court's interest. The timely release of audio in all cases might dampen the pressure for televising Supreme Court arguments, a measure most justices seem to oppose. So let's hear it for hearing the oral arguments.