The Supreme Court justices (and a lot of other people) want to know who leaked Judge Samuel Alito’s 98-page draft opinion published May 2 by Politico that revealed the Supreme Court’s likelihood to overturn Roe v. Wade, which gave women a federal constitutional right to abortion. 

A day after the leak, Chief Justice John Roberts told the court’s marshal to investigate it, and said the leaker sought to “undermine the integrity of our operations.”

He said, “Court employees have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the trust of the Court.”

The court’s marshal, Col. Gail A. Curley, has the power to arrest people on court grounds.

If Col. Curley finds evidence of a crime, the Supreme Court can refer the case to the Justice Department. 

As reported by CNN, in an attempt to uncover the person who leaked the draft, Supreme Court law clerks may be required to give access to their cell phone data, and may have to sign affidavits that could be used against them. 

There are nine justices on the Supreme Court. Each hires four clerks who do research and help with draft opinions written by the judges. It’s a prestigious job for young lawyers who are often graduates of the best schools. It’s a good job to have on a resume. 

Most likely, none of the clerks want to be in the spotlight from an investigation so highly publicized. 

The justices may not like the fallout from the investigation either.  A justice may object to his or her law clerks being interrogated. The investigation could further irritate the already sensitive relationships between the conservative, moderate and more liberal justices.

It is not clear what crimes would be cited for the leak of information that is not classified. The investigation is in new territory, because a leak like this one is unprecedented. 

Clerks are told on their first days on the job that confidentiality is tantamount.
 
It’s also uncertain how many people were exposed to the draft opinion, which was circulated not only to the justices and their clerks, but perhaps to hundreds of court employees.

Members of Congress have also been vocal about finding the leaker. 

Senator Tom Tillis (Republican of North Carolina) told reporters, Republicans on Capitol Hill are pressing for an aggressive investigation of the disclosure. “My focus is on finding the person who leaked it, making sure they’re investigated, held accountable and had their career, and everything involving [it], done,”

Senate Minority Leader Mitch McConnell called on the Justice Department to “pursue criminal charges if applicable.”

Court clerks may be looking for lawyers.