Officials investigating the leak of a Supreme Court draft opinion on abortion are reportedly moving to require law clerks to give up their cell phone data and sign affidavits that could be used against them.
Citing three unnamed sources with knowledge of the situation, CNN reported Tuesday that some of the clerks reacted with alarm to the request for their private records, and some are looking into hiring attorneys.
The exact language of the affidavits and time frame of the records request is not yet clear, CNN noted.
The investigation into the leak is intensifying as the Supreme Court prepares to release a final opinion on the abortion rights case, Dobbs v. Jackson Women’s Health Organization, in the coming weeks.
Each of the nine justices typically hires four clerks, assigning them to do research on past cases and help with drafts. Clerking for a Supreme Court justice is a highly prestigious opportunity for young lawyers. Most of the clerks are graduates of Ivy League universities, and the job can lead to high-paying roles at top law firms or give them a leg up toward a career in public service.
The court presently appears poised to issue a judgement in the Dobbs case that would roll back abortion access across the country, likely making the procedure unavailable in many states, according to the leaked draft published May 2 by Politico.
Chief Justice John Roberts ordered the court’s marshal, Gail Curley, to lead a probe into the unprecedented leak on May 3, saying that the leaker intended to “undermine the integrity of our operations.”
“It will not succeed,” Roberts said of the effort.
Some legal experts believe that the leak of the draft opinion puts the court in the difficult position, as any significant shift in its verdict could be seen as bowing to public pressure when the Supreme Court is traditionally viewed as being above politics ― a perception that is increasingly cast in doubt.