Weeks after a draft opinion was leaked in what many regard as the most prominent decision the Supreme Court will make in recent history, one question remains unanswered: Who did it?
The Supreme Court has a long-standing history of being a highly respected institution that is secure from outside influence. But in recent years, likely due to the appointment of conservative Justices on the Supreme Court, the Left has continuously tried to tear down the Court's reputation, claiming its functions "undermine our American democracy." While the leaker and his or her political affiliation have yet to be determined, the leak of any opinion, especially in a case as significant as the Dobbs case, erodes the legitimacy of the Court and undermines our American democracy.
That leak was a historically unprecedented violation of the deepest and most solemn trust among the Justices and the Court's staff. It wounded the institution.
Former Supreme Court law clerk and Co-Director of the Center for Law and Religion, Mark Movsesian, expressed the damage a leak such as this can do to the Court:
Justices will feel less secure about the confidentiality of their deliberations and think twice about what they put in drafts. The work of the Court will inevitably suffer. That is what makes this leak so damaging.
While Chief Justice John Roberts maintains that "the Court will not be affected in any way" because of the leak, the fears of many were affirmed by Justice Clarence Thomas who commented on the repercussions of the leak:
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. It’s like kind of an infidelity that you can explain it, but you can’t undo it.
The official investigation into the leak is spearheaded by the Marshal of the Court, Colonel Gail Curley. Most believe the leak came from one of the Supreme Court's many law clerks; and with the Court's looming recess, it is imperative that the Court finds the culprit sooner rather than later.
While the question of who did it remains, their motive is no mystery. Regardless of political affiliation, it is certain that the person responsible did so in an attempt to influence the Justices one way or another. Despite the leaker's best intentions, what they really did was undermine the integrity of the highest Court. It is imperative the FBI discover who leaked the opinion and bring them to justice. Otherwise, the integrity of the Court may be damaged for good.