Roe V Wade Leak

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Supreme Court Justice Samuel Alito says he has a "pretty good idea" on who leaked a draft version of a ruling that would overturn Roe v. Wade.

Alito made the comments in an interview with the Wall Street Journal published Friday, stating that while he knows who likely leaked the Dobbs v. Jackson Women's Health Organization draft decision, it's not enough for the court to name someone. 

The draft decision, published by Politico on May 2, 2022, eventually overturned Roe v. Wade.

As Spencer covered on Thursday, the U.S. Supreme Court issued an update about the leaked Dobbs v. Jackson decision. While the draft was leaked on May 2, the decision was not officially handed down until June 24. Thursday's update, however, didn't bear much fruit, as we still don't know who leaked the decision. 

Donald Trump insisted Thursday that ā€œthe reporterā€ who published the leaked Supreme Court draft ruling overturning Roe v. Wade be jailed until the source of the leak can be determined.

Though Trump did not name any particular individual or publication, the draft majority opinion was first reported on in Politico last May by journalists Josh Gerstein and Alexander Ward. Trump also called for throwing ā€œthe publisher and editorā€ behind bars.

The Supreme Court on Thursday announced that after a lengthy investigation it has been unable to conclusively identify the person who leaked an unpublished draft of an opinion indicating the court was poised to roll back abortion rights.

In an unsigned statement, the court said that all leads had been followed up and forensic analysis performed, but "the team has to date been unable to identify a person responsible by a preponderance of the evidence."

The Supreme Court has not been able to determine who leaked a draft of Justice Samuel Alito’s opinion in Dobbs v. Jackson Women’s Health Organization, the court said on Thursday.

The unprecedented leak last May revealed that the court was privately poised to overturn the court’s landmark decisions establishing a constitutional right to an abortion. The court indicated on Thursday that investigators would continue to review some additional evidence, but the court’s two-page statement left open the possibility that the source of the leak may never be found.

After nearly nine months of an investigation into who leaked a draft decision signaling overturning Roe v. Wade, the Supreme Court announced Thursday its investigation is inconclusive.

The court released a 20-page public copy of the investigation. Chief Justice John Roberts initially tapped the marshal of the Supreme Court to conduct the investigation, but Roberts later asked an outside group known as the Chertoff Group to aid in the process of the investigation.

Let's quickly review the timeline on this matter.  Back in May, a little more than seven months ago, an unprecedented leak emerged from the Supreme Court.  Someone had given the draft majority opinion in the highly-anticipated Dobbs abortion case to a journalist at Politico, who published it.  The report detonated like a bombshell in Washington, both on the substance of what the Court was about to rule, but also on process.

Senate Judiciary Committee Chair Dick Durbin (D-Ill.) announced his panel is reviewing "serious allegations" in a New York Times report Saturday that a 2014 Supreme Court ruling was leaked to a former anti-abortion activist weeks in advance.

The latest: Sen. Sheldon Whitehouse (D-R.I.) and Rep. Hank Johnson (D-Ga.), who chair courts subcommittees, wrote to Supreme Court Chief Justice John Roberts to ask whether any action had been taken over the alleged 2014 leak and suggested they'd investigate if not, Politico first reported Sunday night.

Supreme Court Justice Neil Gorsuch said Thursday that the findings of the Supreme Court probe into who leaked the Dobbs v. Jackson Women’s Health Organization draft opinion will hopefully be coming ā€œsoon.ā€

ā€œThe chief justice appointed an internal committee to oversee the investigation,ā€ Gorsuch said Thursday at the tenth Circuit Bench and Bar Conference in Colorado, the Wall Street Journal reported. ā€œThat committee has been busy and we’re looking forward to their report, I hope soon.ā€ He did not reveal if the findings will be public.

Chief Justice John Roberts privately lobbied fellow conservatives to save the constitutional right to abortion down to the bitter end, but May's unprecedented leak of a draft opinion reversing Roe v. Wade made the effort all but impossible, multiple sources familiar with negotiations told CNN.

It appears unlikely that Roberts' best prospect -- Justice Brett Kavanaugh -- was ever close to switching his earlier vote, despite Roberts' attempts that continued through the final weeks of the session.