This past June, the Supreme Court issued a landmark decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and returned abortion regulation to state legislatures. One of the court’s most controversial rulings continues to reverberate through the corridors of justice.
Disclosure of Justice Samuel Alito’s draft opinion was unprecedented and had perilous repercussions for Supreme Court justices.
The leak, which Politico published on May 2, 2022, ultimately resulted in months of protests outside the residences of Supreme Court justices. An armed individual was apprehended after telling law enforcement that he had traveled to Virginia to assassinate Supreme Court Justice Brett Kavanaugh.
As reported by The New York Post, Gail Curley, the marshal of the Supreme Court, stated in January that she had been unable to definitively determine the leaker’s identity, despite an official investigation into the leak that was ordered by Chief Justice John Roberts in July, following weeks of protests outside the homes of Supreme Court Justices that raised safety concerns for the Justices.
The Washington DC Examiner reported:
Due to the high stakes and controversial nature of the decision, the disclosure shook the court and had a significant impact on the majority opinion judges’ safety. “It was reasonable for people to believe they could stop the Dobbs decision by killing one of us,” Alito said of the threats the Justices confronted in the aftermath of the leaks.
Alito’s concerns were realized in the June assassination conspiracy against Brett Kavanaugh, which was foiled by the FBI. CNN reported that the FBI overheard the would-be assassin discussing his plans to “stop Roe v. Wade from being overturned” by “removing some people from the Supreme Court.”
This threat to the security of the justice system is unprecedented, and it is highly unlikely that investigators will cease their investigation until more information is revealed. In fact, one of the justices has stated that he remains concerned and has developed a theory regarding the leaker’s identity.
Justice Samuel Alito, who authored the majority opinion in Dobbs v. Jackson Women’s Health Organization, told the DC Enquirer on Friday that he has a “pretty good idea” who leaked his draft opinion on overturning Roe v. Wade in May.
Justice Alito says he is also certain of the reasoning behind the leaked Dobbs draft. “I personally have a pretty good idea who is responsible, but that’s different from the level of proof that is needed to name somebody,” Alito told The Wall Street Journal. “It was a part of an effort to prevent the Dobbs draft… from becoming the decision of the court.”
While Alito did indicate that he knows who was responsible, he added that is “different from the level of proof that is needed to name somebody. ”The longtime conservative justice went on to strongly reject the notion that the opinion was leaked by a conservative judge, calling it “infuriating.” DC Enquirer reported.
Justice Alito did not directly notify The Wall Street Journal as to who he believed to be responsible for the leak, but he did insist that it was not a member of the majority opinion. “This has made us assassination targets. He asked The Wall Street Journal, “Would I do that to myself?” Would we have done that to ourselves if we were five? It’s quite preposterous.”
More on this story via The Republic Brief:
According to Alito, the leak “created an atmosphere of suspicion and distrust. We worked through it, and last year we got our work done. This year, I think, we’re trying to get back to normal operations as much as we can. . . . But it was damaging.” CONTINUE READING…