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Thursday, 02 June 2022 06:30

SCOTUS Leak: Is It An Invasion Of Privacy For Marshal To Ask For Law Clerks' Phone Records? Featured

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Supreme Court law clerks are called to deliver their cell phone records and sign affidavits as the search for the person who leaked the draft opinion that would overturn Roe v. Wade intensifies.

Language of the affidavits and what the scope of the cell phone search will be are not yet certain, sources familiar with the efforts told CNN – but the prospect of handing over their devices have clerks exploring their choices, including employing outside counsel.

Weighing the crackdown on law clerks, it’s possible the court has not identified the source of the breach.

While the motion inviting personal phone records is unparalleled in the Supreme Court, so is a leak of a draft opinion that led to the investigation in the first place.

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On May 2, Politico issued a piece of information that appeared to be a photocopy of a draft opinion from Conservative Justice Samuel Alito that revealed the overturn of Roe v. Wade, which would end federal protections for a woman’s right to get an abortion and kick the issue back to the states.

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Chief Justice John Roberts confirmed the authenticity of the draft opinion and instantly initiated an investigation into who leaked the document.

He appointed Supreme Court Marshal Gail A. Curley to lead the probe to track down the leaker.

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The leak launched the country into a frenzy earlier in May, with pro-choice activists showing up at conservative Supreme Court Justices’ homes in protest and pro-life activists praising the move. Democrats are demanding action in Congress to codify federal abortion rights. At the same time, Republicans are furious over the leak and demanding the person who shared the document from the court be brought to justice.

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According to CNN, Justice Roberts met with law clerks as a group after the breach. It is still unclear, however, whether individual interviews have been conducted.

Supreme Court Justices typically hire four clerks, which are young lawyers selected each year and are usually deemed the most elite, consisting almost entirely of Ivy League law school graduates.

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A one-year clerkship at the highest U.S. court nearly cements an individual’s capacity to progress onto a prestigious law firm or top government job. Some even go on to serve as senators.

Six of the nine current Supreme Court Justices are former clerks.

The leaked opinion by Justice Alito was signed on by four of the other justices, with the only dissenting Conservative justice being Chief Justice Roberts.

Alito’s opinion stems from the Mississippi case Dobbs v. Jackson Women’s Health Organization, which examined states restricting abortion at the 15-week point of pregnancy. Roberts says that while e does support limiting ending a pregnancy at that point, but doesn’t go as far as wanting to entirely overturn the landmark abortion case.

Even without Roberts, however, Conservatives in the 6-3 majority have the numbers to overturn the 50-year-old ruling.

This article was sourced from RVL1-AM
Read 438 times Last modified on Thursday, 02 June 2022 06:30

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