(AP Photo/Alex Brandon)

In a statement, the court confirmed the draft that was leaked is “authentic” but stressed it does “not represent a decision by the Court.”

“Yesterday, a news organization published a copy of a draft opinion in a pending case. Justices circulate draft opinions internally as a routine and essential part of the Court’s confidential deliberative work,” the court wrote in a statement published by the Supreme Court’s press office.

“Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case.”

Roberts, in a separate statement, hit out at the “betrayal” of the leak designed to “undermine the integrity” of the Court, and added he had instructed the Marshal of the Court to launch an investigation into the leak.

Supreme Court of the United States Washington, D. C. 20513

OFFICE OF PUBLIC INFORMATION

For Immediate Release May 3, 2022 For Further Information Contact: Patricia McCabe (202) 479-3211


Yesterday, a news organization published a copy of a draft opinion in a pending case. Justices circulate draft opinions internally as a routine and essential part of the Court’s confidential deliberative work. Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case.

Chief Justice John G. Roberts, Jr., provided the following statement:

To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way. We at the Court are blessed to have a workforce – permanent employees and law clerks alike – intensely loyal to the institution and dedicated to the rule of law. Court employees have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the trust of the Court. This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here. I have directed the Marshal of the Court to launch an investigation into the source of the leak.

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