The Department of Justice (DOJ) has launched a criminal investigation into the unprecedented leak of the Supreme Court's draft majority opinion in the Dobbs v. Jackson Women's Health Organization case, according to unnamed sources cited by The New York Times and Fox News. This probe, which is reportedly being led by the office of U.S. Attorney for the District of Columbia Jeanine Pirro, represents a significant escalation in efforts to determine how the confidential draft was made public.
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The DOJ's involvement comes after the Supreme Court's own internal investigation, conducted by Marshal Gail Curley, failed to identify the individual responsible for the leak. The inability to find the source has raised ongoing questions about the security protocols and internal integrity of the nation's highest court.
The leak itself occurred in early May 2022, when Politico published a draft opinion indicating the Court's intention to overturn Roe v. Wade, the landmark 1973 decision that established a federal constitutional right to abortion. The draft closely resembled the final opinion released weeks later, which ultimately ended federal abortion protections and returned the issue to the states. Chief Justice John Roberts responded to the leak by directing an internal review, but the Court's report in 2023 concluded that it was "not possible to determine the identity of any individual who may have disclosed the document or how the draft opinion ended up with Politico."
DOJ Investigation Details
According to The New York Times, the DOJ's criminal investigation has intensified in recent weeks. Prosecutors from the U.S. Attorney's Office in Washington, D.C., have issued grand jury subpoenas and are seeking testimony from individuals who worked at the Supreme Court during the period when the leak occurred. The Department of Justice has not made any public statements regarding the investigation, and the Supreme Court has declined to comment on the new federal inquiry.
The DOJ's probe is being coordinated by U.S. Attorney Jeanine Pirroβs office, which has reportedly focused on gathering information from former Supreme Court staff. The use of grand jury subpoenas indicates that prosecutors are exploring potential criminal violations related to the unauthorized disclosure of the draft opinion. However, the specific statutes under which the investigation is being conducted have not been disclosed.
Fallout From the Leak
The leak of the Dobbs draft opinion triggered a wave of public reaction and heightened security concerns for the Supreme Court and its justices, particularly those in the conservative majority. The breach was widely seen as a violation of the Court's longstanding tradition of confidentiality and collegiality. Federalist Editor-in-Chief Mollie Hemingway described the leak as having "destroyed the intimacy and trust that enable the Court to operate effectively."
In the immediate aftermath, demonstrators gathered outside the private homes of several conservative justices. The protests, which were sparked by the anticipated reversal of Roe v. Wade, led to increased security measures. Justice Samuel Alito and his family were reportedly moved to a secure location for their safety, while Justice Amy Coney Barrett was said to have worn a bulletproof vest in front of her children. The situation escalated further when a man attempted to assassinate Justice Brett Kavanaugh at his home. The would-be assailant was later sentenced by a judge appointed by President Biden.
Despite the heightened threats, Hemingway reported that the Court's liberal justices declined requests to expedite their dissent in the Dobbs case, which delayed the release of the final decision. The Biden administration did not pursue charges against demonstrators who protested outside the homes of Supreme Court justices, even though such actions may have violated federal law prohibiting attempts to influence or intimidate members of the judiciary.
Justice Samuel Alito, who authored the Dobbs opinion, commented on the investigation, stating, "The evidence available at this time is not strong enough for the court or for me to say this is the person who was responsible."
Ongoing Security and Leak Concerns
The Supreme Court's inability to identify the source of the leak has led to ongoing concerns about the institution's internal security. Earlier in 2024, The New York Times published a series of internal memos from 2016, suggesting that leaks from within the Court may not be isolated incidents. These revelations have fueled debate over whether additional security protocols or reforms are needed to protect the Court's deliberative process.
Justice Alito told Fox News last month that he has "an opinion" about who may have leaked the Dobbs draft but does not have sufficient evidence to make a public accusation. The Court has not announced any new internal measures in response to the continued concerns about leaks and security vulnerabilities.
The DOJ's criminal investigation remains active, with subpoenas and testimony collection ongoing. Neither the Department of Justice nor the Supreme Court has provided a timeline for when the federal probe might conclude. The outcome of the investigation could have significant implications for the Court's future operations and for the broader debate over transparency and confidentiality in the judicial system.
As the investigation proceeds, the Supreme Court continues to face scrutiny over its ability to safeguard sensitive information. The unresolved nature of the Dobbs leak, coupled with the ongoing federal inquiry, underscores the challenges facing the nation's highest court as it seeks to maintain public trust and institutional integrity.
