US: Reports of second major SCOTUS case leak leads to calls for investigation

Lawmakers and advocates in the US have now called for investigations to be made into the Supreme Court following the recent report of a former anti-abortion advocate’s claim on a 2014 case on contraceptives. The calls for a probe come amidst a time when the high court is still facing backlash over the overturning of Roe v. Wade.

A report by the New York Times revealed Rev. Robert Schenck, a former anti-abortion leader, claimed that he was informed of the outcome weeks prior to the public announcement of the 2014 ruling not long after two conservative allies had dinner with Justice Samuel Alito and his wife in their home.

The 2014 case in question was Burwell v. Hobby Lobby, the case on contraception and religious rights. Alito wrote the majority opinion on the case as well as the opinion that essentially overturned the landmark 1973 Roe v. Wade ruling that legalized abortion nationwide.

Schenck, who led an evangelical nonprofit in Washington, said in a letter to Chief Justice John Roberts and in interviews that he was told of the outcome earlier. Schenck also informed the president of the evangelical-run craft store chain that he would win the case while he prepared a public relations campaign on the matter.

Democratic Senator Dick Durbin, who chairs the Senate Judiciary Committee, said in a statement that the panel was reviewing the allegations following the report. Durbin also called for the passage of legislation that would establish a code of ethics in the Supreme Court.

“Today’s well-sourced NY Times article strongly suggests Justice Alito leaked the 2014 opinion on Hobby Lobby and describes a conspiracy by the far-right donor class to influence the Supreme Court justices. The House Judiciary Committee must investigate this while we still can,” tweeted Democratic Rep. Mondaire Jones of New York.

“The first step to recovery is to admit you have a problem. At SCOTUS the problems run deep,” tweeted Democratic Senator Sheldon Whitehouse.

Friday last week, President Joe Biden’s administration called on the Supreme Court to lift a lower court’s ruling blocking his student loan forgiveness policy which was challenged by six Republican-led states. The six states argued that the move to forgive thousands of dollars in student loans bypassed congressional authority and threatened future state revenues.

The Justice Department has since sought to ask the Supreme Court to vacate the ruling by the Missouri-based 8th Circuit court on November 14. The DOJ argued that the block would leave borrowers who are struggling financially in limbo.