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SCOTUS justices were questioned but not implicated in Dobbs leak probe; some are concerned about double standard

SCOTUS justices were questioned but not implicated in Dobbs leak probe; some are concerned about double standard

News Admin by News Admin
January 23, 2023
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SCOTUS justices had been questioned however not implicated in Dobbs leak probe; some are involved about double customary

By Debra Cassens Weiss

January 23, 2023, 10:09 am CST

SCOTUS building at night with lights

Picture from Shutterstock.

Investigators questioned U.S. Supreme Court docket justices as they probed the leak of a draft opinion overturning the suitable to abortion, however the justices weren’t required to signal affidavits, the official who oversaw the probe mentioned Friday.

“Through the course of the investigation, I spoke with every of the justices, a number of on a number of events,” mentioned Gail A. Curley, the marshal of the Supreme Court docket, in a statement. “The justices actively cooperated on this iterative course of, asking questions and answering mine. I adopted up on all credible leads, none of which implicated the justices or their spouses. On this foundation, I didn’t consider that it was essential to ask the justices to signal sworn affidavits.”

The Washington Post and the New York Times coated Curley’s assertion, launched a day after Curley issued a report that mentioned her investigation workforce was unable to establish the leaker, regardless of interviewing 97 staff and analyzing forensic proof. That report didn’t say whether or not the justices had been interviewed.

The report indicated that every one staff who had entry to the draft majority opinion in Dobbs v. Jackson Women’s Health Organization, a problem to Mississippi’s ban on most abortions after 15 weeks of being pregnant, signed sworn affidavits affirming that they didn’t disclose the draft and didn’t know something about who did.

Some workers members had been involved that the justices weren’t being questioned as rigorously as court docket staff, in accordance with the New York Instances, which spoke with nearly two dozen present and former staff, former regulation clerks, advisers to final yr’s clerkship class and others near them.

Regulation clerks didn’t wish to appear uncooperative, the New York Instances studies. However they had been swept up in a broad search during which the questions that they had been requested and the affidavits that they signed “had been sweeping,” the New York Instances mentioned. Some feared that “stray feedback about justices or circumstances” may show damaging, even when that they had nothing to do with the leak investigation.

Some staff sought authorized counsel after they had been requested to supply private cellphones.

“It’s unclear the diploma to which clerks agreed to share the bodily units,” the New York Instances studies. “However the report mentioned that staff ‘voluntarily supplied name and textual content element information and billing statements,’ suggesting that no less than some could have reached a compromise: Investigators may view information and numbers however didn’t have entry to different private materials.”

The draft majority opinion in Dobbs was leaked to Politico in Might 2022. Justice Samuel Alito wrote the draft and the ultimate opinion, launched in June 2022, which overruled the abortion-rights opinions Roe v. Wade and Deliberate Parenthood v. Casey.





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