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Roe v. Wade draft leaker’s identity remains unknown

The unprecedented leak of a draft Supreme Court opinion on abortion has left many outraged, but so far the identity of the rogue clerk or justice remains entirely unknown.

An anonymous individual leaked a bombshell draft opinion to Politico on Monday, showing a ruling that would overturn Roe v. Wade. The leak included the entire text of the opinion as drafted in February of this year, which suggests the leak came from high up in a justice’s office. 

“We at the Court are blessed to have a workforce – permanent employees and law clerks alike – intensely loyal to the institution and dedicated to the rule of law. Court employees have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the trust of the Court,” wrote Chief Justice John Roberts in a Tuesday statement. “This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here.”

SUPREME COURT SET TO OVERTURN ROE V. WADE, LEAKED DRAFT OPINION SHOWS: REPORT

Additionally, Roberts confirmed he requested the marshal of the Supreme Court to launch an investigation into the matter.

Demonstrators protest outside the U.S. Supreme Court Tuesday, May 3, 2022, in Washington.

Demonstrators protest outside the U.S. Supreme Court Tuesday, May 3, 2022, in Washington.
(AP Photo/Jose Luis Magana)

The Supreme Court confirmed Tuesday the authenticity of the document. It is not immediately clear what crime the anonymous source would be charged with, nor the legal ramifications, if he or she is identified.

The FBI has not opened a formal investigation into the incident at this time, and other federal agencies have remained silent. 

Fox News Digital reached out to the Department of Justice for clarification on the legal implications of leaking Supreme Court opinions. The DOJ declined to comment.

Fox News Digital reached out to the Supreme Court for comment but did not receive a response.

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President Biden on Tuesday reacted to the leaked draft of the Supreme Court’s opinion striking down Roe v. Wade, saying he believes that “a woman’s right to choose is fundamental,” and arguing that “basic fairness and the stability of our law demand that it not be overturned,” while saying any potential final decision on the case by the high court should push voters “to elect pro-choice officials” during November’s midterm elections.

A crowd of people gather outside the Supreme Court, Monday night, May 2, 2022, in Washington. 

A crowd of people gather outside the Supreme Court, Monday night, May 2, 2022, in Washington. 
(AP Photo/Anna Johnson)

Previously, in response to legislation in Texas restricting abortions, the president had tasked the Departments of Health and Human Services and Justice with seeing what steps the federal government can take to “ensure that women in Texas have access to safe and legal abortions as protected” by Roe v. Wade, as well as what legal tools the administration has that could “insulate women and providers from the impact” of the Texas law. 

Biden, on Tuesday, added that if the Supreme Court “does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose.” 

Timothy Nerozzi is a writer for Fox News Digital. You can follow him on Twitter @timothynerozzi and can email him at timothy.nerozzi@fox.com

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