O’Melveny’s Dellinger Reflects on SCOTUS Rulings as Term Ends in NPR

July 06, 2012

O’Melveny & Myers LLP Washington, DC partner and former US solicitor general Walter Dellinger was quoted in the July 6, 2012, NPR article “ Supreme Court Has A Term To Remember, Not Expect.” The article addresses rumors that emerged within days of the Supreme Court’s decision to uphold the Obama health care law of an “unprecedented leak” alleging that Chief Justice John Roberts had changed his mind during deliberations. As a result, according to various reports, “the infuriated conservative court minority was so angry, they refused to deal with Roberts at all.”


Reacting to the story, Dellinger told NPR that this is the first time there has been a contemporaneous leak of the court's internal deliberations over a decision. “The overly dramatized story of how Chief Justice Roberts' view of the health care law may have shifted or evolved during the deliberations by the court is an indication, I think, of how deep into politics the court seems to have been plunged,” said Dellinger. “If this story is true, this leak would be an instance of an attempt coming from within the court itself to undercut the authority of an opinion. And I think that's something we've never seen before.”