WASHINGTON — More than fifty days have passed since the unprecedented leak of a Supreme Court draft opinion revealing that the justices would likely overturn Roe v. Wade. That monumental decision was announced on Friday. Yet the identity of the leaker remains unknown.
Chief Justice John Roberts directed the marshal of the court to launch an investigation into the leaker the day after the May 2 leak, stating that the move was intended to “undermine the integrity of our operations.”
“It will not succeed,” he added.
The Daily Wire has repeatedly pressed the court as to what stage its investigation is at, more than 50 days after the leak, and whether the leaker has been identified. A spokeswoman for the Supreme Court has not addressed these requests for comment.
“This leak was intended to intimidate the justices and threaten the whole institution of the Court,” Republican Missouri Sen. Josh Hawley told The Daily Wire on Monday. “Now the Court is facing an all-out assault from the left with an assassination attempt on a sitting justice and elected Democrats declaring an entire branch of government ‘illegitimate.’”
“Thankfully, the leak did not change the outcome of this monumental case, but we need to get to the bottom of what happened and ensure it never does again,” he added.
The court may be waiting for the end of the term to divulge the leaker’s identity — if that identity has been uncovered. Or the leaker might opt to go public themselves, suggested Josh Blackman, a constitutional law professor at South Texas College of Law Houston.
Blackman believes the court has “no clue who leaked the document,” telling The Daily Wire that “the Supreme Court Marshal is not equipped to perform a full investigation, including cyber forensic work.”
“Her job focuses on maintaining security at the Supreme Court building,” he explained. “The FBI would be fully staffed to perform a competent investigation, but due to the separation of powers, Chief Justice Roberts does not want the executive branch getting involved. It would be problematic for people who work for Biden interrogating the Justices and the law clerks.”
The FBI did not immediately address to The Daily Wire whether it is involved in the Supreme Court’s investigation.
“I would hope that the Chief Justice is treating the investigation with great urgency given that the current clerks are nearly done with the term and he will soon lose whatever leverage he currently has,” Judicial Crisis Network President Carrie Severino told The Daily Wire.
Severino suggested that “pressure to get to the bottom of the leak may wane” now that the court has issued its opinion on Dobbs.
“Unfortunately, a failure to identify and punish the culprit will only incentivize future leaks — serving to undermine the functioning of the Court and potentially endanger the justices,” she added.
The unprecedented leak sent shockwaves throughout Washington, and the leaker’s identity has prompted heavy speculation, particularly in early May as pro-abortion anxieties over the impending overturn of Roe spiked and commentators attempted to uncover who was behind the leak.
The leak prompted attacks on Catholic churches and, according to a Catholic Vote tracker, dozens of pro-life pregnancy centers and offices across the nation. Notably, one man traveled across the nation to Supreme Court Justice Brett Kavanaugh’s home, where he ultimately turned himself in and told authorities that he intended to kill the justice.
The militant abortion group, Jane’s Revenge, has claimed responsibility for several of these attacks and, last week, allegedly issued a radical missive promising to continue violent attacks on pro-life clinics and organizations.
“Whatever form your fury takes, the first step is feeling it,” the alleged missive said. “The next step is carrying that anger out into the world and expressing it physically. Consider this your call to action.”
The FBI has told The Daily Wire that while it would not comment on specific groups, the bureau is “investigating a series of attacks and threats targeting pregnancy resource centers and faith-based organizations across the country.”