Supreme Court Leak: Chief Justice Roberts Must Find Dobbs Leaker

If the Supreme Court overturns Roe v. Wade, that would be a tectonic event in American constitutional law and American politics. It hasn’t happened yet, but the leaked draft opinion of Justice Samuel Alito in Dobbs v. Jackson Women’s Health Organization, circulated in February for what appears to be a five-justice majority, seems to put us closer than we have ever been. The importance of the decision is precisely why I warned in December that there would be a real threat of someone shattering precedent by leaking the outcome, at least if the Court was going to overturn Roe. You read it here first.

But, as important as the ultimate fate of Roe is, the leak itself presents a grave and unprecedented threat to the Court that must be dealt with swiftly and sternly. Chief Justice John Roberts, after confirming the authenticity of the draft, has announced an internal investigation. That investigation will be headed by the marshal of the Supreme Court, Colonel Gail Curley, who has held the job for just a year but previously served as a U.S. Army lawyer, most recently as chief of the national-security-law division in the Office of the Judge Advocate General. What Colonel Curley may lack in time served inside the Court, she makes up for in a background that likely includes some prior familiarity with leaks of sensitive information.

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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If the Supreme Court overturns Roe v. Wade, that would be a tectonic event in American constitutional law and American politics. It hasn’t happened yet, but the leaked draft opinion of Justice Samuel Alito in Dobbs v. Jackson Women’s Health Organization, circulated in February for what appears to be a five-justice majority, seems to put us closer than we have ever been. The importance of the decision is precisely why I warned in December that there would be a real threat of someone shattering precedent by leaking the outcome, at least if the Court was going to overturn Roe. You read it here first.

But, as important as the ultimate fate of Roe is, the leak itself presents a grave and unprecedented threat to the Court that must be dealt with swiftly and sternly. Chief Justice John Roberts, after confirming the authenticity of the draft, has announced an internal investigation. That investigation will be headed by the marshal of the Supreme Court, Colonel Gail Curley, who has held the job for just a year but previously served as a U.S. Army lawyer, most recently as chief of the national-security-law division in the Office of the Judge Advocate General. What Colonel Curley may lack in time served inside the Court, she makes up for in a background that likely includes some prior familiarity with leaks of sensitive information.