Bad wording on my part. I guess I was saying that there hasn't been a major court decision overturning US vs Ellsbury/NYT, yet somehow everyone's just pretending it's gone. Seems to me like in order to contradict that previous ruling you should be going to the Supreme Court.

I also think it's sketchy as hell to name someone as a 'co-conspirator' in a leak case for being a journalist who was leaked to. That's not conspiracy, it's doing their job with protection from the first amendment.