The Supreme Court’s investigation into who leaked the draft opinion that indicated the overturning of Roe v. WadePolitico is continuing as law clerks are asked to sign an affidavit and give over their mobile phone records according to CNN.
CNN’s report added that the move is extremely unusual, and clerks are even considering getting legal support of their own in case things go south. The leak occurred May 2, and Chief Justice John Roberts was reported to have met with law clerks.
It is not clear what the specifics of the affidavits or data requests were. They are only looking at 36 clerks.
Even though it’s rare for Supreme Court officials to initiate an investigation into this matter, they should be able to respond with such forceful responses. The decision to make the opinion public, no matter if the clerk was conservative or liberal, was reckless and dangerous.
Preemptively, it sparked a political firestorm from all sides, especially those who would prefer. Roe v. WadeTo remain in place. Leakage gave court an opportunity to gauge public opinion about the possibility of them overturning RoeAs part of the Dobbs v. Jackson ruling, whether that was the leaker’s intention or not.
“To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way,” Roberts said in a statement on May 3. He continued:
“We at the Court are blessed to have a workforce – permanent employees and law clerks alike – intensely loyal to the institution and dedicated to the rule of law. Court employees follow a remarkable and valuable tradition in respecting confidentiality and upholding Court trust. 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.”
Even though Justice Samuel Alito wrote the majority draft opinion, it’s unknown at this time if scrapping the precedent in RoeThis will be the case. The decision must be made before June’s session, although it is not surprising that the court may wait until the very last moment.
The responsible party for the leakage will, hopefully, be fired and faced the full consequences. This move casts doubt upon a crucial cornerstone of America’s experiment. Americans ought to be able trust their government. However, if bureaucrats are motivated by their own agendas the social contract won’t reach its full potential.
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