Within the traditionally opaque walls of the United States Supreme Court, instances of leaks have intermittently disrupted the institution’s veneer of secrecy. The most recent attention-grabbing incident occurred in May 2022 when Politico published a draft opinion suggesting the overturn of Roe v. Wade. This act sparked national protests and even culminated in an attempted assassination of Justice Brett Kavanaugh, highlighting the potential consequences of such disclosures.
Supreme Court leaks are not a modern phenomenon. Historical instances reveal a consistent pattern of confidential information being made public long before official announcements. For instance, the New York Tribune divulged confidential decisions twice in the 1850s involving the Wheeling & Belmont Bridge Company case. Similarly, a Washington Post article in 1972 described internal dynamics surrounding Roe v. Wade before its ruling was publicized.
Journalists and authors have chronicled the court’s inner workings over the decades. Bob Woodward and Scott Armstrong’s “The Brethren” offered insights into the early years of Warren Burger’s leadership, while Edward Lazarus’ “Closed Chambers” shed light on Justice Harry Blackmun’s tenure. In 2004, Vanity Fair became the outlet for anonymous law clerks critiquing the handling of the Bush v. Gore decision, inviting both interest and condemnation.
Chief Justice John Roberts has also been at the center of reported internal deliberations. Jan Crawford of CBS News reported on Roberts’ unexpected shift in upholding the Affordable Care Act, while CNN’s Joan Biskupic disclosed his pivotal role in blocking a 2020 census question on citizenship.
More recently, the shadow docket has been the subject of intense scrutiny. The New York Times unveiled a significant unpublished order from 2016 that highlighted the birth of the court’s “shadow docket.” This involved the Supreme Court blocking President Obama’s Clean Power Plan, a decision previously kept under wraps. This revelation underscores the gradual unwinding of the court’s carefully maintained confidentiality.
In conclusion, the propensity for leaks within the Supreme Court raises questions about the sanctity of judicial deliberations and the ongoing tension between transparency and confidentiality. As long as the court remains a powerful player in American society, efforts to pierce its veil of secrecy are likely to continue. With divisions apparent within the court and sustained external pressures, any expectation for a respite from such breaches remains speculative. For more on the chronology and implications of these leaks, refer to SCOTUSblog’s comprehensive look at the history of Supreme Court leaks.