The Supreme Court’s investigation into the leaked draft decision regarding the potential overturning of Roe v. Wade has finally come to a close. Despite the efforts of the Supreme Court Marshal, Gail Anne Curley, and the Chertoff Group, the investigation was unable to identify the person responsible for the leak. The report stated that investigators continue to review and process electronic data that has been collected, indicating that the investigation is not over yet.
The employees of the court who were interviewed as part of the investigation all denied being the sources of the leak and there were no signs of a technological breach. Michael Chertoff, the former Homeland Security Secretary, reviewed the court’s internal investigative efforts and concluded that it was conducted thoroughly.
The leak of the draft opinion in May became official when the June 24 opinion in Dobbs v. Jackson Women’s Health Organization was released with hardly any changes from the draft. This sparked heightened security concerns for the justices and their personal homes, especially after the threat made against Justice Brett Kavanaugh in June.
Justice Neil Gorsuch had signaled that the investigation into the leak was still underway and expressed his hope that a report on the findings from the internal investigation would be forthcoming. The release of the report months ahead of schedule prompted court watchers and advocates to speculate whether it would be made available to the public.
Overall, the Supreme Court’s investigation into the leak of the draft decision was unable to identify the person responsible for the leak. The investigation is not over yet, but if additional information is discovered, investigators have promised to pursue it.