WASHINGTON, D.C., USA — Why could the Supreme Court leaker not face any punishment?
The leak of the draft opinion that could reverse the landmark Roe v. Wade decision has sent shockwaves across the county, and some are calling for whoever leaked it to be prosecuted.
Chief Justice John Roberts has said that the Supreme Court's marshal will investigate. But according to experts, how and if they are punished depends on who they are and how they got the document.
According to professor Lucas Powe, a leading Supreme Court historian at UT, if an actual Supreme Court justice leaked the decision, they probably would not be punished. But if it was someone else, it depends on how they got it.
According to Reuters, Supreme Court opinions are not classified documents. But if the person who leaked it committed a crime, like stealing it or hacking a computer, they could be prosecuted for that.
Right now, a lot of people are pointing fingers at the Supreme Court law clerks.
After a series of leaks in the 70s, federal courts adopted a law clerk code of conduct.
That code prohibits clerks from disclosing confidential information that they have access to as part of their job.
In fact, Chief Justice Roberts reportedly lectures the new clerks every year on how they will be severely punished for any leaks.