Oral Argument transcript available online. (pdf)
I haven’t had a chance to read it yet, but I’ll be talking about it more later.
Updates: First reaction. The Justices went after Clements (government side) a lot harder than was widely reported.
Line that made me laugh (and gag at the same time):
Clements: And I think it’s wrong to assume that there’s any inherent hostility to the substances at issue here. I mean, the FDA, for example, rescheduled Marinol from Schedule II to Schedule III in a way that had the effect of making it easer to prescribe and more available.
Well, they clearly came after Barnett hard, but it could be because they are uncertain as to how to draw the line that must be drawn somewhere in this case.
I’m still optimistic — anything could happen in this case, and I would give a lot to be in the private sessions with the Justices when they argue it amongst themselves.