New Supreme Court Report Fails to Identify Leaker of Roe v Wade Draft Opinion

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The Supreme Court released a report stating that, after an internal investigation, the leaker of a draft opinion overturning Roe v. Wade last year could not be identified.

The report (pdf) on Supreme Court Marshal Gail Curley’s investigation was issued midday Jan. 19.

The Supreme Court ruled on June 24, 2022, in Dobbs v. Jackson Women’s Health Organization that there is no constitutional right to abortion, overturning Roe v. Wade, the 1973 precedent that legalized abortion nationwide. The Dobbs ruling returned the regulation of abortion to the states.

Five conservative justices voted to reverse Roe. Chief Justice John Roberts, also considered a conservative, voted to uphold the restrictive Mississippi abortion law in question but wrote he would not have overturned Roe.

But an early version of the draft majority opinion in Dobbs made its way to the media—an unprecedented leak of a full high court opinion. Politico published the draft document dated Feb. 10, 2022, on May 2, 2022, without disclosing its source.

“After months of diligent analysis of forensic evidence and interviews of almost 100 employees, the Marshal’s team determined that no further investigation was warranted with respect to many of the “82 employees [who] had access to electronic or hard copies of the draft opinion.”

“In following up on all available leads, however, the Marshal’s team performed additional forensic analysis and conducted multiple follow-up interviews of certain employees. But the team has to-date been unable to identify a person responsible by  a preponderance of the evidence.”

The Epoch Times has reached out to the U.S. Department of Justice for comment.

This is a developing story. It will be updated.

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