I don’t blame Leonard Leo for defending The Federalist Society against the ABC story as he sees fit. But, really, what is the big deal that Scalia was at a Federalist Society event when Roberts was being sworn in? I don’t get it. Is it more or less ethical to attend a Federalist Society conference during the swearing-in of a Chief Justice than another time? Maybe it’s rude, but it’s also rude to break your scheduled commitments. If the appearance of impropriety exists, it really shouldn’t matter that it happened during the swearing-in.