Supreme Court says it could not determine source of Dobbs draft leak

January 20, 2023

The Supreme Court announced on Thursday that it could not determine the identity of the person who leaked a draft of the court's decision that led to overturning Roe v. Wade.

The investigation, ongoing since the leak in May, concluded without answers concerning the person or people involved in the leak.

The outcome

"The investigation limited the pool of suspects to a 'small' group of mainly law clerks, according to the court’s Thursday statement. The marshal’s team asked the suspects basic questions such as, 'Did you do it? Do you know anyone who had a reason to do it?' and conducted forensic analysis," the Daily Caller reported.

"Nine months later, the court concluded that the investigation did not successfully identify the individual who leaked the case, according to the court’s document. The court recently consulted former Secretary of Homeland Security Secretary Michael Chertoff who advised the marshal’s team that he 'cannot identify any additional useful investigative measures,'” it added.

The concerns

"The Court investigators will continue following up on leads if more information is learned," said Michael Chertoff, former DHS secretary and a former federal appeals judge.

"In the meantime, the Court has already taken steps to increase security and tighten controls regarding the handling of sensitive documents," it continued.

"Most significantly, the Chief Justice has also directed a comprehensive review of the Court's information and document security protocols to mitigate the risk of future incidents," he added.

The investigation limited the potential people with access to the draft to about 80 people. The person who leaked the information is likely still working at the court.

The failure to find the leaker has led to widespread frustration among Americans, with many sounding off on social media following the court's announcement.

The problem seems to be more about pursuing the information to find the source of the leak rather than the ability to do so, with much speculation swirling concerning why.

Many conclude the court's ruling is political, adding to growing accusations of partisanship in the nation's highest court.


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