CNN reports that nearly five months have passed since the unprecedented leak of a U.S. Supreme Court draft decision, yet the leaker’s identity remains unknown.
It was in May that Politico published the leaked draft decision for the case Dobbs v. Jackson Women’s Health Organization. In that draft, the justices overturned the landmark abortion case Roe v. Wade, returning the issue of whether abortion should be legalized back to the voters through their state legislatures. Over the summer, that Dobbs decision became official.
But, as soon as the draft decision was leaked, the Democrats began to try to capitalize on it by pushing the abortion issue, repeatedly claiming, falsely, that Republicans are looking to rob women of their abortion rights. Based on polling, this has significantly altered the midterm elections, giving Democrats a greater chance at victory, although it now appears that the abortion issue might be collapsing.
Yet, despite all of this – and let’s also not forget the protests and the violence that we’ve seen as a result of the leak – we still don’t know who the leaker is.
The investigation continues
Chief Justice John Roberts has ordered an investigation of the leak.
Roberts referred to the leak as “a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here.”
This investigation appears to be ongoing. It is being carried out as it should be – without leaks – and so, no one knows what is going on. There have been no updates on the investigation.
But, the Supreme Court is continuing with business as usual, just recently commencing its latest term.
An update should be coming
Two Supreme Court justices – Neil Gorsuch and Elena Kagan – have publicly stated that they expect to be updated on the investigation sometime this fall.
“The chief justice appointed an internal committee to oversee the investigation,” Gorsuch said last month. “That committee has been busy, and we’re looking forward to their report, I hope soon.”
Kagan, who has also spoken out against the leak, has similarly stated that the justices will be updated about the investigation in late fall.
So, it appears that an update on the situation should be forthcoming. But, it’s probably safe to say that the court will wait until after the midterms.