Earlier on Thursday, the U.S. Supreme Court issued an investigative report, announcing that it could not identify who leaked a draft opinion overturning Roe v. Wade to the media last year. At least 90 people had access to the document, per the investigative report.
Unable to identify a person responsible by a preponderance of the evidence
In a statement, the court said that the investigative team “has to date been unable to identify a person responsible by a preponderance of the evidence.” It is also unlikely the leak resulted from a computer hack, the statement said.
126 formal interviews of 97 employees were conducted per the investigators, all of whom denied disclosing the opinion. They also conducted a fingerprint analysis, “looked closely into any connections between employees and reporters,” and “especially scrutinized any contacts with anyone associated with Politico.” The report doesn’t say if justices or their spouses were interviewed, but implies they were not.
The leak – one of the worst breaches of trust in the highest Court’s history – resulted in the publication of the draft opinion in the news outlet Politico on May 2, 2022 and prompted an internal crisis at the nation’s top judicial body. It was an unprecedented violation of the nine-member court’s tradition of confidentiality in the behind-the-scenes process of making rulings after hearing oral arguments in cases.
“Abortion is not a fundamental constitutional right”
Ultimately, on June 24, 2022, the U.S. Supreme Court released its decision, slightly modified, in Dobbs v. Jackson Women’s Health Organization, overturning the constitutional right to abortion. Writing for the majority, Justice Alito stated, “procuring an abortion is not a fundamental constitutional right because such a right has no basis in the Constitution’s text or in our Nation’s history.” The decision ignited a political firestorm, with abortion rights supporters staging rallies outside the courthouse and at various locations around the United States.
No closure for the U.S. Supreme Court
Many regret the investigators’ inability to identify a leaker and what it means for the court’s long-term reputation. “The lack of closure means, for the moment, that the controversy over the leak is more likely to end with a whimper than a bang,” said Steve Vladeck, CNN Supreme Court analyst and a professor at the University of Texas School of Law. “We can only hope that a breach like this never happens again, but I fear that the failed investigation and lack of consequences for the leaker will encourage history to repeat itself,” Severino wrote.
Trust that the U.S. Supreme Court is operating in the best interests of the American people has plummeted amid growing perceptions that the justices are partisans just like any other politicians, according to the latest Annenberg Public Policy Center survey, which includes questions tracking the court across more than a decade and a half. As of October 2022, over half (53%) of the American population have little or no trust in the Supreme Court to operate in the best interests of the American people, up 22 percentage points since 2019.
Keywords: Supreme Court Leaked Draft Dobbs
