Supreme Court Chief Justice Roberts Confirms Roe V. Wade Leak, Says Court Will Investigate

Topline

Supreme Court Chief Justice John Roberts confirmed the authenticity of a draft opinion obtained by Politico indicating the court will restrict abortion rights by overturning Roe v. Wade, calling the leaking of the document a “singular and egregious” breach of trust Tuesday that the court will investigate.

U.S. Supreme Court Police officers set up barricades on the sidewalk as pro-choice and anti-abortion … [+] activists demonstrate on May 03 in Washington, DC.

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Key Facts

Roberts said in a statement the draft opinion is “authentic,” but noted it “does not represent” the court’s final decision or the “final position” of any justice.

The chief justice slammed the leak as an “affront” to the court and the public servants who work there.

Roberts has directed the marshal of the court to investigate who leaked the opinion to the press, he said.

Crucial Quote

“To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed,” Roberts said. “The work of the court will not be affected in any way.”

What To Watch For

The court’s final opinion in Dobbs v. Jackson Women’s Health will be released by the time its term ends this summer, likely in June.

Tangent

Roberts’ statement comes as some Republicans have expressed anger over the leaked draft—even as they agree with the ruling itself—and called for investigations. “This lawless action should be investigated and punished as fully as possible,” Senate Minority Leader Mitch McConnell (R-Ky.) said in a statement, calling for the Department of Justice to investigate and “pursue criminal charges if applicable.”

Chief Critic

Sen. Elizabeth Warren (D-Mass.) slammed the notion of focusing on the leaked opinion draft rather than the court’s decision itself. “Really? You think the whole issue is about a leak?” Warren told CNN on Tuesday, saying the issue was rather “five extremist justices,” at least two of whom “swore up and down that they cared about the rule of law and Roe v Wade is settled law. … That is what is fundamentally wrong and that’s what undermines the credibility of the United States Supreme Court.”

Key Background

The Supreme Court is preparing to issue a ruling on Mississippi’s 15-week abortion ban and whether states can restrict abortion even before a fetus is viable. While it had been unclear whether the 6-3 conservative court would merely uphold the Mississippi law or go further, Politico reported Monday night that a draft opinion from February suggests the court will entirely overturn Roe v. Wade, which established the federal right to an abortion. “Roe was egregiously wrong from the start,” Justice Samuel Alito wrote. The leaking of the opinion is extremely rare for the court, which keeps its opinions close to its chest until they’re formally released, though a few other opinions have leaked—including the original Roe decision in 1973.