A message from the Public Information Office of the Supreme Court of the United States (SCOTUS) says a report in German-owned Politico containing a leaked draft of the Court’s opinion to overturn Roe v. Wade is authentic.
“Yesterday, a news organization published an opinion in a pending case,” said the statement from the Court. “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 on the issues of the case.”
Chief Justice John Roberts called for an investigation into the leak.
To the extent this betrayal of confidence 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.
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. 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.
I have directed the Marshal of the Court to launch an investigation into the source of the leak.
Colonel Gail A. Curley is the Marshal of the Supreme Court, and was appointed to that position exactly one year ago.
“Col. Curley comes to the Court from the U.S. Army where she was the chief of the National Security Law Division in the Office of The Judge Advocate General,” according to a press release from the Court. “She supervised a team of judge advocates, led the strategic engagements program for the Judge Advocate General’s Corps, and provided legal advice and support on national security law to senior Army leadership.”
Curley, in her role as Marshal, oversees the Supreme Court Police, a federal law enforcement agency.
“The Supreme Court Police enforce Federal and District of Columbia laws and regulations, as well as enforce regulations governing the Supreme Court Building and grounds prescribed by the Marshal and approved by the Chief Justice of the United States,” according to that organization’s website. “The department’s mission is to ensure the integrity of the Constitutional Mission of the Supreme Court of the United States by protecting the Supreme Court, the Justices, employees, guests, and visitors.”
The leaked document may be read in full here.
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