It has now been more than two months since a draft copy of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision was leaked to the public and stirred panic on the left as it struck down the Roe v. Wade precedent that legalized abortion on the federal level.
An investigation was immediately launched to determine what happened, but to this day the identity of the leaker(s) remains unknown, at least to the general public, the Conservative Brief reported.
Publicly identifying and holding accountable the individual(s) responsible for the unprecedented leak of a draft Supreme Court decision is vitally important to protect and reestablish what remains of the high court’s credibility as an institution and to ensure such a breach of security never occurs again.
Probe launched to identify leaker
It was just one day after Politico published the draft copy of Dobbs that the Supreme Court issued a statement from Chief Justice John Roberts that denounced the leak as a “betrayal” of the court that was “intended to undermine the integrity of our operations” but “will not succeed” in actually impacting the work of the court.
“This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here,” Roberts said, and added, “I have directed the Marshal of the Court to launch an investigation into the source of the leak.”
As it turned out, Roberts was correct that the leak did not impact the court’s work insofar as the final official ruling released in late June did not differ substantially from the leaked version in early May.
Yet, at the same time, the identity of the leaker remains unknown, as does the status of the Marshal of the Court’s investigation into the leak, despite a handful of media reports over the past several weeks about the ongoing probe.
No official updates on status of investigation
The Daily Wire reported in late June, just after the official Dobbs decision was formally released, that multiple requests for a status report on the Marshal’s investigation had gone unanswered.
It was speculated that the court could have been waiting until the end of the term to publicly out the leaker, but that did not occur last week, nor has the leaker publicly identified themself, perhaps in search of fame or affirmation, but that hasn’t happened either.
Further, there is also speculation that the Marshal of the Court, whose job normally entails little more than providing security for justices and employees, is simply not properly equipped to run a proper investigation of this sort to ferret out an unauthorized leaker of sensitive materials.
Concern urgency to find leaker may wane following official release
“I would hope that the Chief Justice is treating the investigation with great urgency given that the current clerks are nearly done with the term and he will soon lose whatever leverage he currently has,” Carrie Severino, president of the Judicial Crisis Network, told the Daily Wire.
Severino expressed concern that, now that the Dobbs decision has been released, “pressure to get to the bottom of the leak may wane,” and added, “Unfortunately, a failure to identify and punish the culprit will only incentivize future leaks — serving to undermine the functioning of the Court and potentially endanger the justices.”