Information Leaking and the United States Supreme Court

Abstract

This Article provides a comprehensive legal analysis of the leaked Supreme Court draft opinion in Dobbs v. Jackson Women’s Health Organization. This includes the unprecedented nature of the leak, the content of the leak, and the long-term negative consequences to the Court. Additionally, the likelihood of who is responsible for the leak, and potential civil and criminal sanctions are evaluated.

This Article also examines potential solutions to the problem of Supreme Court leaks. These include a three-year practice requirement for clerks, classifying internal Supreme Court documents, passing legislation explicitly criminalizing the copying and dissemination of internal Supreme Court documents, altering the reporter’s privilege, and enhancing security protocol. In doing so, this Article provides an initial analysis of a little-explored area of Supreme Court procedure and invites future research on the subject.