Report of investigation into leaked draft of abortion decision is coming, Gorsuch says

U.S. Supreme Court Justice Neil Gorsuch said Thursday that the investigation into the leak of the draft opinion in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, is still continuing and that investigators will issue a report of those findings, but he made no promises that the results will be made public.

Speaking at the 10th Circuit Bench and Bar Conference in Colorado Springs, Gorsuch said that the “internal committee to oversee the investigation” appointed by Chief Justice John Roberts “has been busy, and we’re looking forward to their report, I hope soon.” How soon he would not say, nor would he say if that report would be seen by anyone outside of the Court. The conference organizers barred reporters from questioning Gorsuch or other judges participating.

Gorsuch continued, saying, “Improper efforts to influence judicial decision-making, from whatever side, are a threat.” Yes, from whatever side. “They inhibit our capacity to communicate with one another,” he said, chilling the communication between opposing justices, which “improves our final products,” he said. “I very much hope we get to the bottom of this sooner or later.”

Justice Samuel Alito’s anachronistic screed against abortion was leaked in early May of this year, weeks ahead of the final opinion. It showed precious little input from any dissenting justice, and was virtually identical to the final opinion. It’s not out of the realm of possibility that in the weeks between the leak and the decision, there might have been alterations inspired by one of the three liberals. In another universe, with another set of extremist justices and someone who is not Alito.