A funny thing happened when I tried to obtain the oral argument in Kerr v. Hickenlooper from the Tenth Circuit's website.
It didn't exist.
One can quickly visit the websites of the First Circuit, Third Circuit, Fourth Circuit, Fifth Circuit, Sixth Circuit, Seventh Circuit, Eighth Circuit, Ninth Circuit, D.C. Circuit, and Federal Circuit to find libraries of their oral arguments.
That leaves three that do not: the Second Circuit, the Tenth Circuit, and the Eleventh Circuit.
The Second Circuit, to my knowledge, does not provide any mechanism to obtain the recordings of oral argument. [UPDATE: Michelle Olsen helpfully noted that the Second Circuit provides audio access with CD purchase.]
Tenth Circuit Rule 34.1(E)(1) (PDF) explains, "Oral arguments are recorded electronically for the use of the court. Parties or others seeking access to the recordings may, however, file a motion to obtain a copy. The motion must state the reason or reasons access is sought. Upon issuance of an order from the hearing panel granting the request, the clerk will be directed to forward the mp3 recording via email."
When I called the clerk of the Tenth Ciruit, I was told I must file a motion. It turns out two others have already filed motions in the case and had their requests granted. The MP3s, however, are not disclosed to the public; they are disclosed to the moving party.
But at least the Supreme Court promptly discloses both the transcript and the audio of oral argument. And so do many circuit courts. So, then, why do three circuits refuse to release oral argument of appellate cases on a routine basis?