A failure to scrutinize Supreme Court justices and their spouses under oath for a leak investigation threatens the court’s credibility and functioning.On June 24 of last year, the U.S. Supreme Court set off a national earthquake by overturning Roe v. Wade, and with it nearly 50 years of case law, by ruling that the Constitution doesn’t give women a right to an abortion. The 6-3 decision in Dobbs v.
Chief Justice John Roberts called the leak a “singular and egregious breach of trust” and ordered an investigation. Alito also wrote that majority decision, and the couple who gave Schenck the heads-up about the decision had dined with Alito the night before. We agree with Cruz on everything but the last sentence. As a news organization, we like leaks, encourage leaks and protect leakers because the information they share often serves transparency and the public good.
A day later, after criticism from the left and the right over this omission, Marshal Gail A. Curley said the justices and their spouses were interviewed but unlike their 87 subordinates, they didn’t have to sign sworn affidavits.
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