Supreme Court History Includes Instances of Leaked Information

The New York Times published an article in April detailing the Supreme Court's 2016 decision to block President Barack Obama's Clean Power Plan, based on leaked internal memos. The article highlighted the use of the court's "shadow docket."

One of the most prominent instances of leaked information occurred in May 2022, when Politico published a draft opinion written by Justice Samuel Alito in *Dobbs v. Jackson Women’s Health Organization*. The draft indicated the court's intention to overturn *Roe v. Wade*, which established a constitutional right to abortion.

The Supreme Court confirmed the authenticity of the leaked draft opinion and initiated an investigation led by the court's marshal, Gail Curley. A report released in January 2023 stated that the investigation was unable to identify the source of the leak.

Prior to the *Dobbs* leak, similar disclosures occurred. In the 1850s, the New York Tribune reported the Supreme Court's decision in a dispute involving the Wheeling & Belmont Bridge Company in both 1852 and 1854, before the official rulings.

In 1920, Justice Joseph McKenna's former law clerk, Ashton Embry, faced indictment for allegedly leaking a Supreme Court decision involving Southern Pacific Railroad to investors. The investors then profited by selling the company's stock before the decision became public. The indictment was later dismissed.

In 1972, The Washington Post published an article describing the internal deliberations surrounding *Roe v. Wade*, including the initial vote count and Chief Justice Warren Burger's efforts to delay the decision. The article referenced private notes and memoranda exchanged among the justices.

In 1973, a law clerk shared the *Roe v. Wade* decision with Time magazine before its official release. Time published the story before the court's announcement.

Bob Woodward and Scott Armstrong published *The Brethren* in 1979, providing an account of Warren Burger's early years as chief justice. Edward Lazarus's *Closed Chambers*, published in 1998, detailed his experiences as a law clerk for Justice Harry Blackmun.

In October 2004, law clerks involved in the *Bush v. Gore* decision spoke with reporters from Vanity Fair.

In 2012, CBS News reported that Chief Justice John Roberts initially sided with conservative justices to strike down the Affordable Care Act's individual mandate but later changed his position. The report cited sources with knowledge of the deliberations.

CNN reported in 2019 that Roberts changed his vote regarding the inclusion of a citizenship question on the 2020 census, citing sources familiar with the Supreme Court's private deliberations.

In December 2023, The New York Times reported details about the *Dobbs* decision, including that Justice Amy Coney Barrett initially voted against taking the case.

In 2024, The New York Times reported on the Supreme Court's decision regarding presidential immunity for former President Donald Trump.