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Supreme Court confirms leak is authentic, calls for investigation into source

"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," Chief Justice Roberts said

May 3, 2022 1:21pm

Updated: May 3, 2022 6:17pm

Following the unprecedented leak of Justice Alito’s draft abortion rights decision, the U.S. Supreme Court issued a statement to the press strongly condemning the leak.

Politico first obtained a draft of conservative Justice Samuel Alito’s majority decision in Dobbs v. Jackson Women’s Health Organization, a controversial Mississippi case which could effectively overturn Roe v. Wade and almost 50 years of legal precedent guaranteeing a woman’s right to an abortion.

According to the document, Justices Clarence Thomas, Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh and possibly Chief Justice John Roberts support Justice Alito’s decision.

In the statement, the Court acknowledged that the leaked document is authentic but noted that it is a draft which has not yet been voted on by the justices, Fox News reported.

"Justices circulate draft opinions internally as a routine and essential part of the Court’s confidential deliberative work. Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case," the court said.

In a separate statement, Chief Justice John Roberts said that he called upon the Marshal of the Court to investigate the leak and identify its source. Roberts also rejected the charge that the leak could serve as a political tactic to influence the Court’s vote, NPR reported.

"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," he said.

The chief justice also emphasized that the leaking of documents is unprecedented and has not happened in recent memory thanks to the court’s staff loyalty and professionalism.

"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," he said.

"Court employees have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the trust 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."