Legal scholar explains why Supreme Court leak report is ‘almost as chilling as the leak itself’

Constitutional scholar Jonathan Turley explained on Thursday why the Supreme Court’s inability to find the person who leaked a court opinion is “almost as chilling as the leak itself.”

What did the Supreme Court say?

After an eight-month investigation, Supreme Court Marshal Gail Curley couldn’t find out who leaked it Dobbs v. Jackson Women’s Health Organization Opinion, according to a report.

The investigation involved more than 100 interviews with court employees, which revealed that several employees had broken confidentiality rules by sharing the outcome of the case with their spouses. But a forensic investigation — including the court’s “computer equipment, networks, printers and available call and text logs” — could not uncover who gave Politico a copy of the statement.

Curley’s report includes suggestions to tighten security at the courthouse, but also notes that no one will be held accountable for the startling leak.

What did Turley say?

The startling lack of replies, Turley says, will lead people to say the FBI should have investigated the leak.

“The Supreme Court report shows that they cannot isolate the culprit among the 80+ possible suspects for the Dobbs leak. It’s an admission almost as chilling as the leak itself,” Turley wrote in a viral response. “It will likely raise concerns about whether the FBI should have been asked to lead the investigation.

After all, the Supreme Court is “just blocks from the world’s leading forensic investigation agency,” Turley noted.

Noting the lack of digital forensic evidence, Turley predicted leaks will become more common, especially with the erosion of ethics that previously discouraged employees from disclosing information.

“In this age of rage, that danger will only increase. Someone felt they had license to leak. Some others may now feel they have the impunity to do so,” he said predicted.

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Laura Coffey

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