WASHINGTON — Less than 24 hours after the unprecedented leak of the draft opinion that overturned Roe v. Wade, Chief Justice John Roberts ordered an investigation into the “egregious breach. “The court also won’t say whether the leaker has been identified or whether anyone has been disciplined.Or whether the court will ever offer an accounting of what transpired.To these and other emailed questions, Supreme Court spokeswoman Patricia McCabe said by email: “The Court has no comment.
Justice Clarence Thomas, the longest tenured member of the court, said the court had been irrevocably harmed. “When you lose that trust, especially in the institution that I’m in, it changes the institution fundamentally. You begin to look over your shoulder. It’s like kind of an infidelity that you can explain it, but you can’t undo it.”
The court finished its work for the summer on June 30, after which the justices’ law clerks began leaving for their next jobs. That means roughly three dozen people who likely had access to the draft opinion, out of about 70 in all, are no longer within easy reach of investigators. The security concerns reached alarming levels in early June, when police arrested an armed man near Justice Brett Kavanaugh’s house after he called 911 and said he was going to the kill Kavanaugh.
If the leak of the Alito draft was deliberate, it might have been from someone who was so upset by the prospect of overturning Roe that informing the public at the earliest possible moment was of paramount importance.
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