Supreme Court Associate Justice Samuel Alito indicated in a recent interview that he believed he knew who leaked the draft opinion of the Dobbs v. Jackson decision that ultimately overturned the constitutional right to an abortion but that he lacked enough evidence to make a public accusation.
“I personally have a pretty good idea who is responsible, but that’s different from the level of proof that is needed to name somebody,” he told the Wall Street Journal in an interview published Friday.
In May of 2022, Politico published a draft opinion of the landmark case, which Alito had authored. The draft majority opinion indicated that the court was poised to overturn the 1973 Roe v. Wade case. It later proved authentic when the court released its final opinion doing exactly that.
The court launched a comprehensive investigation into the leaker’s identity, but could not make a final determination.
“After examining the Court’s computer devices, networks, printers, and available call and text logs, investigators have found no forensic evidence indicating who disclosed the draft opinion,” the marshal announced in January of this year.
Alito was sure, however, of the leaker’s motive, insisting that the release of the draft opinion was an effort to generate public opposition and stop the final release of the court decision.
“It was a part of an effort to prevent the Dobbs draft…from becoming the decision of the court. And that’s how it was used for those six weeks by people on the outside—as part of the campaign to try to intimidate the court,” he said.
Following the Politico report, demonstrations erupted outside the homes of the justices. Associate Justice Brett Kavanaugh became the subject of an alleged assassination attempt after Nicholas John Roske, allegedly traveled to the justice’s Maryland home with the intent to kill him. He has pleaded not guilty.
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