One would have to discuss matters of the case to be in violation of the Ex Parte rule. There is no Obama NBC case in front of SCOTUS when Orly spoke with Scalia. However, when Obama visited the Supreme Court in the middle of January, cases where on the docket about Obama's Natural Born Citizenship issue, Ex Parte was more in question.
Orly: " I want to know if they will hear Quo Warranto and if they would hear it on Original Jurisdiction, if I bring Hawaii as an additional defendant to unseal the records and ascertain Obama's legitimacy for presidency."
Taitz's question was more of a hypothetical question and received a hypothetical answer from Scalia.
And LoL!
Okay, I get it... as long as you ask the judge how he’s going to decide your case *before* you present it to him — that’s okay... [and here it is...} LOL...
[ ... Lawyer: “ Ummm..., judge, I’m bringing this case before you and I was wondering if you could tell me how you’re going to decide this case, so I know before I present it in court. You wouldn’t mind, would you?”
Judge: “No problem..., we should be able to figure this case out before you get here and have all the problem solved. It should take no time at all to get this case done in court, and then we can go out for beer later...” ]
Exactly!