Several sources told CNN that Supreme Court officials are preparing to require law clerks to provide cell phone records and signed affidavits, causing some to consider hiring legal counsel, the network reported Tuesday.
The development comes as an internal investigation heats up to find the leaker of the Dobbs v. Jackson Women's Health Organization draft majority opinion. The opinion, authored by Justice Samuel Alito, was published by Politico this month.
Chief Justice John Roberts later confirmed the authenticity of the document, which, if it stands, would overturn the near 50-year Roe v. Wade precedent, thus kicking the abortion issue back to states.
CNN asked an outside appellate lawyer about the situation who warned of potential intrusiveness by the Supreme Court officials on the personal activities of the clerks.
"That's what similarly situated individuals would do in virtually any other government investigation," the appellate lawyer said. "It would be hypocritical for the Supreme Court to prevent its own employees from taking advantage of that fundamental legal protection."
According to The Washington Free Beacon, Roberts has reportedly met with clerks to discuss the leak. However, whether or not individual interviews have yet taken place is unknown.
Justice Clarence Thomas described the leak as an unprecedented breach of trust during an event earlier this month, the New York Post reported.
"When you lose that trust, especially in the institution that I'm in, it changes the institution fundamentally. You begin to look over your shoulder," Thomas said.
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