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Unprecedented by Randy Barnett, Josh Blackman

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PART VII

Outside the Supreme Court

(March 29–June 27, 2012)

The Court finished hearing the arguments in the Health Care Cases on March 28, 2012. Although there would not be a decision until the end of June, the traditional end of the term, the battle over the Affordable Care Act was far from over. Soon it would shift from inside the courtroom to outside the Supreme Court as all three branches of the government got involved. Following leaks, attempts to influence the vote of the chief justice would provide another twist to the tale. After two years of arguments before the courts, it would be the final arguments made outside the Court that would define the legacy of NFIB v. Sebelius.

THE CONFERENCE

The justices usually do not talk with each other ...

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