Justice Gorsuch provides update on investigation into SCOTUS draft decision leak

It turns out that the individual or individuals behind the unprecedented leak of the U.S. Supreme Court’s draft decision in the landmark abortion case Dobbs v. Jackson Women’s Health Organization are not off the hook just yet.

Fox News reports that Justice Neil Gorsuch just provided an update on the ongoing internal investigation into the leak, and Gorsuch is hoping that the investigation will be completed soon. 

“We’re looking forward to their report”

Gorsuch commented on the situation at a meetup of lawyers and judges that took place at the 10th Circuit Judicial Conference in Colorado Springs, Colorado, on Thursday.

There, Gorsuch said, “the chief justice appointed an internal committee to oversee the investigation.”

“That committee has been busy, and we’re looking forward to their report, I hope, soon,” he added.


It was back in May that the leak of the justices’ draft opinion in Dobbs took place.

Politico was the first to report on the leak, and what the draft opinion showed was that the justices were planning to use Dobbs, a case having to do with the legality of Mississippi’s 15-week abortion ban, to overrule Roe v. Wade, the landmark case that gave women the right to have an abortion.

The justices responded by making it clear that the leaked decision, which they admitted was authentic, was a draft, and by condemning the leak. But, nonetheless, the court’s conservative contingent began receiving all kinds of threats, and leftwing “protests” were staged outside of their homes.

It would be some time before the justice’s actual decision for Dobbs would be released. The threats and protests did not have their intended effect, as the justices, in their final decision, did go ahead and overturn Roe, returning the abortion issue back to the people through their state legislators.

What we know about the investigation:

We know that Chief Justice John Roberts has ordered the Supreme Court’s marshal to conduct an internal investigation into the leak of the draft decision. But, we don’t know much else because the investigation is being conducted as investigations ought to be, with no leaks.

Fox reports:

Multiple sources previously told Fox News that the investigation into the approximately 70 individuals in the court who may have had access to the draft opinion has been narrowed. Sources say much of the initial focus was on the three dozen or so law clerks, who work directly with the justices on their caseload.

It certainly will be interesting to see how this plays out, including whether the individuals or individuals responsible for the leak are positively identified and if and how they will be held accountable for their actions. Along with Gorsuch, we can express our hope that the investigation is soon going to be complete.