Supreme Court Justice Samuel Alito says he has a “very good idea” of who leaked his draft ruling that struck down abortion rights.
“I personally have a pretty good idea of who is responsible, but that is different from the level of proof it takes to name someone,” Alito said in an interview with The Wall Street Journal on Friday.
Alito was referring to the leak of a draft of his opinion in Dobbs v. Jackson Women’s Health Organization last May.
“We hold that Roe and Casey should be struck down,” Alito wrote for the majority, referring to the landmark Supreme Court cases Roe v. Wade and Family planning against Casey. “The Constitution makes no reference to abortion, and such a right is not implicitly protected by any constitutional provision, including the one on which defenders of Roe and Casey now primarily rely: the Due Process Clause of the Fourteenth Amendment.”
In June, the Supreme Court officially shot down both rulings, ending federal protection of the right to abortion.
Following the leak, Chief Justice John Roberts ordered the bailiff of the Supreme Court to open an investigation, but the identity of the leaker was never confirmed.
However, Alito apparently has his suspicions, telling the Journal that the motive behind the leak was “to intimidate the court.”
“It was part of an effort to prevent the Dobbses from draft … becomes the decision of the court,” he said. “And that’s how it was used during those six weeks by outsiders, as part of the campaign to try to intimidate the court.”
Alito also complained about the criticism the Supreme Court has faced, including recent reports Justice Clarence Thomas has received. luxurious gifts for decades from his billionaire friend.
“We’re getting hit every day, and I think it’s pretty unfair in a lot of cases,” Alito said. “And nobody, practically nobody, defends us. The idea has always been that judges are not supposed to respond to criticism, but if the courts are being unfairly attacked, the organized bar will come to their defense.”
When asked specifically about Thomas’ free rides over the years, Alito said, “I’ll stay away from that.”