Why Supreme Court Clerks Don’t Leak - By Ed Whelan - Bench Memos - National Review Online: "Law clerks also have a personal incentive to keep quiet. After one year at the Court, clerks can fetch hundreds of thousands of dollars in signing bonuses from law firms and are all but guaranteed [a] successful career. Leaking the Court’s decisions is one of the few ways to screw up these prospects. The leaker would have a hard time obtaining or keeping a license to practice law. And he or she would establish a reputation for irresponsible gabbing in a profession that places a super-high premium on the ability to keep confidences. No clerk wants to take these risks, especially since the chance of getting caught is relatively high."
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I actually think the decision has leaked, just not to the press. After they hear oral argument, justices have conference where they say what their vote is on a case. I think that one of the liberal justices, like Kagan, told Obama. I think that is why Obama has been preemptively complaining about the decision and also warning supporters he may need a second term to redo the healthcare law. I guess their behavior could just be a reaction to oral argument, but it seems the administration is acting exactly how you would expect it to act if it anticipate the law will be struck down.
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