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Furious Chief Justice Confirms Authenticity of Leaked Justice Alito Draft Opinion, Calls on Marshal of the Court to Investigate


The Supreme Court’s overnight silence suggested it, but Chief Justice John Roberts confirmed on Tuesday morning that the draft opinion overturning Roe v. Wade which was leaked to Politico is an authentic document written by Justice Samuel Alito.

A furious Chief Justice has called on the Marshal of the Court to investigate the source of the leak.

“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,” Roberts said. “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,” the chief justice continued. “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.”

Roberts ended by saying he has “directed” the Marshal of the Court to investigate the leak.

SCOTUS ordered the appointment of Col. Gail A. Curley as the high court’s eleventh-ever Marshal on May 3, 2021, exactly one year ago.

Notably, the Supreme Court’s Public Information Office added above Roberts’ statement that the leaked draft opinion is neither a decision of the court nor the “final position of any members on the issues in the case.”

The statement referred to draft opinions and the circulation thereof internally as a “routine and essential part of the Court’s confidential deliberative work.”

[Image via Mario Tama/Getty Images]

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Matt Naham is the Senior A.M. Editor of Law&Crime.