Valparaiso University Law Review Volume 47 Number 4 Summer 2013 pp.1-23 Summer 2013 Stonewalling, Leaks, and Counter-Leaks: SCOTUS Ethics in the Wake of NFIB v. Sebelius Steven Lubet Clare Diegel Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Steven Lubet and Clare Diegel, Stonewalling, Leaks, and Counter-Leaks: SCOTUS Ethics in the Wake of NFIB v. Sebelius, 47 Val. U. L. Rev. 1 (2013). Available at: https://scholar.valpo.edu/vulr/vol47/iss4/1 This Tabor Lecture is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at
[email protected]. Lubet and Diegel: Stonewalling, Leaks, and Counter-Leaks: SCOTUS Ethics in the Wak Tabor Lecture STONEWALLING, LEAKS, AND COUNTER- LEAKS: SCOTUS ETHICS IN THE WAKE OF NFIB V. SEBELIUS Steven Lubet∗ Clare Diegel∗∗ I. INTRODUCTION The Supreme Court litigation over the Patient Protection and Affordable Care Act (“PPACA”) came to a conclusion in the first half of 2012, characterized by a series of surprises. The first surprise occurred when the Court scheduled the case for six hours of oral argument, spread over three days. Such an expanded argument was unprecedented in modern times, leading to much speculation that the issues would be more troublesome for the Court than many observers had previously assumed. Still, even veteran court watchers were further shocked by the combative tone of the oral argument itself, when Justices Scalia, Alito, Kennedy, and Roberts seemed to gang up on Solicitor General Donald Verrilli, who defended the PPACA on behalf of the government.