Last Updated on May 3, 2022
On Tuesday, Chief Justice John Roberts ordered a thorough investigation into the leak of a Supreme Court draft ruling on Roe v. Wade. Roberts slammed the leak as an “egregious breach of trust” and ordered the Marshall of the Supreme Court to launch a probe. The draft ruling, which was reported on by Politico, suggests the nation’s highest court is set to overturn 1973’s Roe v. Wade ruling on the practice of abortion.
“Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case,” Roberts said in a statement.
“To the extent this betrayal of the confidences 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,” he continued.
The draft opinion, which was written by Justice Samuel Alito, appears to have been circulated this past February. No ruling has been finalized, however, meaning justices can still change their votes. No decision will be finalized until late June or early July.
Lawmakers from both parties have slammed the leak as an attack on the integrity of the Supreme Court. “This leak is stunning. Truly horrifying,” wrote Senator Ted Cruz (R-TX). “And profoundly damaging to the independence of the judiciary, the integrity of the Court, and the rule of law.”
On the other side of the aisle, Senator Dick Durbin (D-IL) unexpectedly broke ranks with his colleagues and joined Cruz, Senate Minority Leader Mitch McConnell, and numerous other Republicans in slamming the leak as an attack on an American institution.
The vast majority of Democrats have instead responded by calling for an end to the filibuster, which would allow them to pass a bill that legalizes abortion up to nine months. Senators Bernie Sanders, Tammy Baldwin and Ed Markey are just a handful of Democratic Senators who have revived calls for an end to the filibuster, as well as court packing.
Senator Markey (D-MA) called the nation’s highest court “illegitimate” and “stolen.” Though Markey has repeatedly referred to the January 6 Capitol protests as an “insurrection”, the unprecedented Supreme Court leak has evidently failed to bother him.