- Supreme Court clerks have reportedly been asked to turn over their private phone records, CNN reported.
- The demand comes as the court continues to probe the leak of a draft opinion that would overturn Roe v. Wade.
- Some clerks are alarmed by the investigation and are considering hiring outside counsel.
Supreme Court officials are reportedly seeking to require law clerks to turn over their private phone records as part of the court's escalating investigation into the highly unusual leak of a draft opinion that would overturn Roe v. Wade.
CNN reported that some clerks are alarmed by the requests, which include signing affidavits, and are considering hiring outside counsel. The exact nature of the cell phone searches is unclear, CNN's Joan Biskupic reported. Chief Justice John Roberts, who confirmed the authenticity of the draft majority opinion that would gut federal abortion rights, has also reportedly met with the court's clerks.
Roberts slammed the leak as a "betrayal" and ordered the Supreme Court marshal to investigate what happened. Some Republican lawmakers called for the FBI to be involved, though it is unclear if any criminal laws were broken.
A former clerk previously told Insider that the May 2 leak of a full draft opinion trumped any other previous breaches of the court's secrecy.
"The court can't operate if that happens," the former clerk said. "This is a major, major leak. It's hard to imagine a bigger leak."
There's no guarantee that the source of the leak is a clerk. Politico published Justice Samuel Alito's draft opinion and described the source as a "person familiar with the court's proceedings." The high court is examining abortion rights once again as it reviews a Mississippi law that effectively bans most abortions after 15 weeks of pregnancy, which is about two months before fetuses are generally considered viable.
Supreme Court Justices are limited in the number of clerks they can hire each term and the prestigious positions are often filled by top graduates of the nation's highest-ranking law schools. Six current justices were former Supreme Court clerks themselves. Others like Republican Sens. Ted Cruz, Mike Lee, and Josh Hawley or White House chief of staff Ron Klain have gone on to have illustrious political careers.
A representative for the Supreme Court did not immediately respond to a request for comment. The court is expected to hand down its ruling on Mississippi's law later this summer. Biskupic has covered the court for decades and has penned biographies on multiple justices, including Roberts and Sonia Sotomayor.