It appears that the flow of information was pretty loose – probably because they all trusted each other to not violate the secrecy of the court. Now that that trust is shattered, I hope they have implemented more stringent safeguards.
WASHINGTON — The Supreme Court on Thursday announced that after a lengthy investigation it has been unable to conclusively identify the person who leaked an unpublished draft of an opinion indicating the court was poised to roll back abortion rights.
In an unsigned statement, the court said that all leads had been followed up and forensic analysis performed, but “the team has to date been unable to identify a person responsible by a preponderance of the evidence.”
The attached report suggested the court was not watertight, with some employees admitting they had talked to spouses about the draft opinion and how the justices had voted. The investigation conducted by Supreme Court Marshal Gail Curley was largely limited to the court building itself and the people who work there, meaning that any actions taken by people at home or elsewhere using personal devices were mostly not within its scope.
The report also indicated that the justices were not scrutinized as part of the probe, with the focus on permanent employees and the law clerks who work for each justice for a year.