A notable and surprising comment came from Justice Alito. As one of the staunchest conservatives on the Court, Justice Alito has consistently favored prosecutors over defendants. In his first comment of the Buck argument, however, he declares the events at Buck’s sentencing to be “indefensible.”

Alito—as you will hear—then pulls back from this initial castigation. He expresses concern via the classic “floodgates” argument: If the Court helps Mr. Buck, could it throw the system into chaos? Ms. Swarns responds by stating why Mr. Buck’s case is unique.