LETTER TO THE JUDICIARY COMMITTEE:
QUESTIONS REGARDING THE SCOTUS LEAK INVESTIGATION

Chair Dick Durbin

Senate Committee on the Judiciary

Washington, DC 20510

Chair Jim Jordan

House Committee on the Judiciary

Washington, DC 20510

Chairs Durbin and Jordan,

As you know, last week the Supreme Court finally released the long-awaited report from its internal investigation into last May’s leak of Justice Samuel Alito’s draft Dobbs v. Jackson Women’s Health Organization opinion. Unfortunately, the final report raised more questions than it answered — perhaps most importantly about the degree to which the justices themselves were investigated.

Since the release of the report, the Marshal of the U.S. Supreme Court has confirmed that she spoke with the justices during the course of investigation. But she also admitted that the justices were not obligated to sign affidavits. Given the history of certain justices’ disregard for basic ethical standards — including but not limited to Justice Alito maintaining close communication with outside right-wing advocacy groups and Justice Thomas' wife Ginni Thomas' role in organizing right-wing attempts to overturn the 2020 election — the justices should not have received special treatment during the course of this investigation, and it is imperative that we know whether they were examined with the same rigor as each of the other employees of the Court.

The Court is already facing a crisis of legitimacy as the American people’s trust in the institution reaches historic lows. It is essential to the Court’s integrity that it is transparent and clear with the public that no one, the justices included, was held to higher standards in this investigation than anyone else. Unfortunately, the Court has proven time and again that it is incapable of policing itself. As such, it falls to Congress to step up to its role as a coequal branch and provide the oversight that is so sorely lacking.

With that in mind, we urge your committees to immediately launch an investigation and hold hearings on whether the justices received special treatment during the investigation into the Dobbs leak.

Take Back the Court raises awareness about the urgent need to expand the number of seats on the Supreme Court to address the theft of the court by Senator Mitch McConnell during the Obama Administration. Without adding seats, Congress will not be able to restore the right to vote, ensure reproductive freedom, protect workers, halt our climate emergency, or pass new legislation. Court expansion, which can be accomplished without a constitutional amendment, is the only reform that enables the un-rigging of the system and the restoration of democracy. Learn more: https://www.takebackthecourt.today/