Information Leaking and the United States Supreme Court

Brigham Young University Journal of Public Law, Forthcoming

34 Pages Posted: 21 Jun 2022 Last revised: 1 Jul 2022

See all articles by Chad G. Marzen

Chad G. Marzen

Florida State University

Michael Conklin

Angelo State University - Business Law

Date Written: June 9, 2022

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.

Suggested Citation

Marzen, Chad G. and Conklin, Michael, Information Leaking and the United States Supreme Court (June 9, 2022). Brigham Young University Journal of Public Law, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4132816 or http://dx.doi.org/10.2139/ssrn.4132816

Chad G. Marzen (Contact Author)

Florida State University ( email )

College of Business
Tallahassee, FL 32306
United States

Michael Conklin

Angelo State University - Business Law ( email )

United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
46
Abstract Views
149
PlumX Metrics