There was a strategic move here
Well Said Robin, the counter data was presented in briefs to the court where the recidivism rate was addressed as it should have been strategically and tactically. Oral arguments were not on the rate, but on a First Amendment issue. The rate info is in front of the Justices to read and comprehend. Justice Kennedy may not like what he reads, but the facts are there for him to read in addition to his own words (same with the other Justices).
Now, we only hope the rate is addressed by the court in their paperwork, but it won’t be in a high fashion since it was not the item to be addressed, where the First Amendment issue is. If it is not, then one should be surprised and pissed it was not addressed, but also maybe not too surprised given it was a First Amendment issue being addressed and not a rate.
Disdain for the rate matter is understood and should be continued until it is fixed however, that may be, but in this situation, you don’t return fire on this topic in the middle of something else being discussed.