Draft Leak of US Abortion Rights Sparks Massive Fallout... FBI Joins Hunt for Leaker

Unprecedented Situation in US Court History
Even If Leaker Is Identified, Punishment Is Difficult

[Image source=AP Yonhap News]

[Asia Economy Reporter Cho Hyun-ui] American society has been thrown into turmoil by the unprecedented leak of a draft opinion from the U.S. Supreme Court. While the issue of whether to guarantee abortion rights is a "hot potato," the leak itself is also a serious problem.

According to the New York Times (NYT) on the 3rd (local time), this is the first time in modern judicial history that the internal deliberations of a Supreme Court justice have been leaked externally before an official announcement.

The Supreme Court immediately launched an investigation to identify the leaker. Chief Justice John Roberts said on the day, "This incident is an insult to the court and its staff and a heinous act that damages trust," and ordered an investigation into the leak. He also emphasized that the draft is not the final decision. The leak investigation will be conducted comprehensively, including by the Federal Bureau of Investigation (FBI).

The U.S. Supreme Court has maintained airtight security over internal discussions until now. However, with an insider leaking discussions on a sensitive issue, trust in the Supreme Court inevitably began to collapse. The U.S. political media outlet The Hill called it "the most astonishing breach of secrecy in court history," adding that "it will sow distrust among the justices and damage the court's reputation."

In particular, concerns have been raised that American public perception of the court will fall to an all-time low due to this leak. Professor Karl Tobias of the University of Richmond said, "It will worsen the decline in Americans' respect for the Supreme Court."

On the 3rd (local time), protesters held signs reading "Legalize Abortion" in front of the United States Supreme Court building in Washington DC. [Image source=Yonhap News]

Various speculations are also emerging about who the leaker might be. In high-profile rulings like this case, it is not uncommon for not only justices and law clerks but also secretaries and IT department staff to have access rights.

Those who believe a progressive justice or a Supreme Court law clerk leaked the draft speculate that they sought to gauge the court's decision direction in advance and then overturn it through public opinion. On the other hand, those who think a conservative insider leaked it believe that, given the enormous ripple effects expected from this decision, the focus of controversy was intended to be shifted to the leak itself.

There is also an opinion that the draft was leaked either to mitigate public shock over the court's decision or to pressure other justices who might hesitate to participate in a ruling that "does not recognize the right to abortion."

Professor Richard Hasen of UC Irvine told the NYT, "We should not assume the leaker is an advocate for 'abortion rights,'" adding, "If the direction of the discussion changes due to procedural legitimacy or the Supreme Court's confidentiality breach, it could actually help reverse the ruling to not recognize 'abortion rights.'"

However, even if the leaker is identified, there are no specific punishment regulations. While disclosing confidential information may be illegal, it is questionable whether simply revealing internal documents constitutes a crime. Former federal prosecutor Ari Redbord told the Wall Street Journal, "This incident seems to threaten the integrity of judicial procedures, but it is difficult to classify it as a leak of confidential information."

Professor Steven Bladek of the University of Texas also told the Washington Post, "Unless the draft was obtained through illegal means, it is difficult to specify what crime was committed by leaking it to the media," adding, "An investigation cannot be avoided, but prosecuting it as a specific crime will be difficult."

In the political arena, the focus of this incident differs. The Democratic Party is criticizing the content of the decision to overturn precedent guaranteeing abortion rights, while the Republican Party is focusing on the route through which the draft was leaked.

Politico, which obtained the draft from an insider at the Supreme Court and was the first to report it, praised itself. Politico staff shared articles from other media outlets that reprinted their report, evaluating that "(our report) dominated broadcast headlines, news websites, and even Twitter."

This content was produced with the assistance of AI translation services.