x
Breaking News
More () »

'A grave betrayal' | Justice Alito says Dobbs leak shook Supreme Court

The leak of a draft opinion overturning Roe v. Wade was "a grave betrayal of trust," Alito claimed, and opened the door to threats against the justices.

WASHINGTON — The leak of the Supreme Court draft opinion overturning Roe v. Wade put the lives of justices at risk, Justice Samuel A. Alito Jr. said during a wide-ranging Q&A session with a conservative legal group. 

Alito spoke about the draft's leak and how it has impacted relations on the court in a public interview with the Heritage Foundation Tuesday. 

“It was a grave betrayal of trust by somebody,” Alito said about an hour into the interview. “It was a shock, because nothing like that had happened in the past. It certainly changed the atmosphere at the court for the remainder of last term.”

"The leak also made those of us who were thought to be in the majority, in support of overturning Roe and Casey, targets for assassination because it gave people a rational reason for thinking they could prevent that from happening by killing one of us," he said.  

Alito referenced a California man who was charged with attempted murder after being arrested in June near Justice Brett Kavanaugh's Maryland home. The man allegedly told police that he was there because he was upset about the leaked draft, among other political issues. 

The leaked draft of the majority opinion in the Dobbs v. Jackson Women's Health Organization case was published by Politico in May, revealing that the court was planning to overturn decades of federal precedent established by Roe v. Wade and Planned Parenthood v Casey. 

The leak prompted major backlash from abortion-rights groups and Democrats who accused the court of making political rulings rather than legal ones. 

Alito said he took issue with the characterization that the Supreme Court was ruling to favor one political party's positions. 

“Someone also crosses an important line when they say that the court is acting in a way that is illegitimate," he said. "I don’t think that anybody in a position of authority should make that claim lightly. That is not just ordinary criticism. That is something very different.”

Despite Alito's reassurances that the court was not politically motivated, many Americans believe the justices have a bias, especially after the highly partisan appointment of justices during the tenure of President Donald Trump. 

Polls show public approval of the court has dropped to a record low after the Dobbs decision and other politically dividing rulings during this past term. 

“To say that the court is exhibiting a lack of integrity is something quite different. That goes to character, not to a disagreement with the result or the reasoning. It goes to character,” Alito said when questioned about the lack of faith in the court.

Fellow Supreme Court Justice Elena Kagan has repeatedly warned over the last month that courts risk legitimacy and look political when justices needlessly overturn precedent and decide more than a case requires. Kagan said Friday it remains an open question whether the Supreme Court can begin “ratcheting down the level of decision making so that we can reach compromises.”

Alito took responsibility for some of the strong language in many of the dissents in recent years, but said that despite their judicial philosophies differing, liberal and conservative justices still respect one another. 

"During my sixteen years on the court, the justices have always gotten along really well on a personal level. The public, when they read our opinions, probably misses that," he said.

Even Alito admits though that the Dobbs leak affected the atmosphere around the court. 

"We want things to get back to normal, the way they were before this last term," Alito said.

While Chief Justice John Roberts ordered an investigation into the leak, the court has yet to say whether the leaker has been identified or whether anyone has been disciplined. 

The Associated Press contributed to this report. 

Before You Leave, Check This Out