Justice Department Subpoenas Probe Supreme Court Leak
Federal prosecutors are seeking testimony and information from people who worked at the court when a draft abortion ruling was disclosed.
Updated on Nov. 5, 2026 in Law
The Justice Department has issued grand jury subpoenas in a criminal investigation into the 2022 leak of a Supreme Court draft opinion that overturned Roe v. Wade. U.S. Attorney Jeanine Pirro is overseeing the probe in Washington, D.C.
Why it matters
The investigation revisits a leak that disclosed the justices' internal deliberations before a formal ruling was issued, raising questions about confidentiality within the nation's highest court. The accelerating inquiry marks a rare federal criminal effort focused on a breach inside the Supreme Court itself.
The Justice Department has issued grand jury subpoenas and is seeking testimony from people who worked at the court when the draft was disclosed. The identity of the person who provided the draft to Politico remains unidentified.
The players
Jeanine Pirro
Jeanine Pirro is the U.S. Attorney overseeing the Justice Department's criminal investigation into the Supreme Court draft opinion leak in Washington, D.C.
Politico
Politico is a political news outlet that published the May 2022 report revealing the Supreme Court's draft opinion overturning Roe v. Wade.
The details
Prosecutors are seeking to identify who provided the draft opinion to Politico, which published its report in May 2022. The investigation has accelerated in recent weeks through requests for testimony and information from court employees.
Timeline
May 2022: Politico publishes report revealing the justices were preparing to eliminate the constitutional right to abortion.
2022: The Supreme Court draft opinion is leaked to Politico.
Recent weeks: The Justice Department investigation accelerates with subpoenas and testimony requests.
Thursday: The New York Times reports on the Justice Department subpoenas.
Legal Context
The criminal probe follows the May 2022 Politico publication of the draft opinion overturning Roe v. Wade, which disclosed internal deliberations nearly two months before the court formally ruled. It marks a shift from the internal court response to the leak toward a federal grand jury inquiry.
The investigation could lead to testimony from court employees and staff, affecting those who worked at the Supreme Court in 2022. For the public, it signals that confidentiality breaches inside the nation's highest court may now carry federal criminal exposure.
The takeaway
Federal prosecutors treating a Supreme Court leak as a criminal matter signals that disclosures of internal deliberations can carry legal consequences. Readers following the case should watch for further developments in the grand jury proceedings.
Further reading
Explore more legal developments in the United States for context on how federal investigations like this one proceed.
