A couple of sources are releasing summaries of the oral arguments today. The first one is Business Week’s write up which can be found here. SCOTUS Blog also has a write up.
Both seem to come to the same conclusion. It appears that incorporation though the privileges or immunities clause of the 14th amendment isn’t likely. On the upside it seems likely incorporation will happen but through the due process clause of the same amendment.
Getting incorporation period is a huge victory and I’m not going to be to picky on how we do it.