Samuel Alito was absent in spite of having been there a few hours earlier. According to the L A Times
The absence of Justice Samuel A. Alito Jr., who was at the court Wednesday morning for arguments in two cases, was a mystery. He has, however, voiced lingering anger over Senate Democrats, including Obama and Biden, who voted against his confirmation three years ago. When walking on Capitol Hill, Alito has said, he crosses to the far side of the street whenever he nears the Senate Office Building.
Amazing. And the right thought this person was qualified to make decisions?