Supreme Court Leaker's Punishment Must Be 'Harsh,' Fmr. State Justice Says

The identity of the Supreme Court leaker who divulged a draft decision appearing to signal the justices will overturn the 1973 ruling legalizing abortion in the U.S. is likely to be uncovered and, when it is, that person should be punished swiftly and severely, says a former state Supreme Court justice.

A February draft opinion in Dobbs v. Jackson Women's Health Organization — a major abortion case pending before high court — was leaked to Politico, which published it on May 2. The text indicated that, as of the date of the draft, the court was ready to overturn 1973's Roe v. Wade in a 5-4 decision. Of the justices believed to be swing votes in the case, Brett Kavanaugh voted with the majority to overturn Roe, while Chief Justice John Roberts sided with the court's more liberal members.