Anti-abortion protesters take part in the annual “March for Life” in Washington on Jan. 20, 2023, for the first time since the U.S. Supreme Court overturned the Roe vs. Wade on abortion.
Evelyn Hockstein | Reuters
Each of the Supreme Court justices was questioned – some multiple times – as part of the of investigation to last year’s leak of a draft of the ruling that ended up overturning the court’s landmark Roe v. Wade abortion decision, the head of that investigation revealed Friday.
The statement came a day after the Supreme Court refused to say whether the judges were among nearly 100 court employees and officials questioned as part of the investigation. This investigation was unable to identify the person or persons who published Justice Samuel Alito’s draft opinion to Politico in May.
None of the judges or their spouses have been identified as potential suspects, according to Gail Curley, the Supreme Court marshal who oversaw the leak investigation.
But unlike the other interviewees, none of the justices were asked to give sworn statements denying they leaked the Alito opinion, Curley said in a statement.
Alito wrote the June decision that overturned the Supreme Court’s five-decade-old Roe v. Wade decision that established a constitutional right to abortion.
“During the course of the investigation, I spoke with each of the judges, several on several occasions,” Curley said in a statement.
“The judges actively collaborated in this iterative process, asking questions and answering mine,” Curley said. “I followed up on all credible leads, none of which implicated the judges or their spouses. Based on that, I did not believe it was necessary to ask the judges to sign the affidavits.”
The court has nine judges, eight of whom were serving at the time of the abortion ruling. Justice Stephen Breyer left after the ruling was released. CNBC asked a court spokesman if Breyer was among those questioned by Curley.
Curley’s report on her failure to identify the perpetrators, which was released Thursday, did not mention that she questioned the judge.
The report said Curley’s team “conducted 126 formal interviews with 97 employees, all of whom denied publication of an opinion.”
Each of these employees was asked to sign an affidavit denying publication of the draft opinion.