WASHINGTON, DC - NOVEMBER 3: The U.S. Supreme Court is seen on November 3, 2026 in Washington, DC. (Photo by Kevin Carter/Getty Images)
The leak that exposed the U.S. Supreme Court’s (SCOTUS) draft opinion overturning Roe v. Wade is under criminal investigation by the Department of Justice (DOJ), years after the court’s own hunt for the culprit came up empty.
U.S. Attorney Jeanine Pirro’s Washington, D.C., office is leading the probe, multiple sources briefed on the matter told Fox News on Wednesday.
The investigation has been underway for at least a year, sources said, and comes three years after an investigation by SCOTUS failed to identify the culprit who leaked a draft of the 2022 decision.
Grand jury subpoenas have been issued during the probe, though it is unclear who received them.
SUPREME COURT LITIGATION FAILS TO IDENTIFY LEAKER OF DOBBS DRAFT DECISION
The New York Times first reported the investigation.
Politico published the draft before the June 2022 ruling, prompting Chief Justice John Roberts to order an internal investigation that failed to identify the leaker.
The U.S. Supreme Court has overturned the Roe vs. Wade landmark case that legalized abortion nationwide, which will likely leading to many states enacting restrictive laws or full abortion bans. Protesters had gathered outside the Supreme Court in anticipation of the 6-3 ruling. The court went down ideological lines, with Chief Justice Roberts concurring with the five other conservative justices.
The DOJ and the U.S. Attorney’s Office declined to comment on the investigation. Fox News also reached out to the Supreme Court, asking whether the court or any justices have worked with outside investigators, including DOJ, or plan to do so.