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San Antonio political science professors weigh in on unprecedented breach of U.S. Supreme Court procedure

What potential fallout of leak of Supreme Court draft could mean

SAN ANTONIO – A leak from inside the nation’s highest court regarding a draft opinion to overturn Roe v. Wade has many discussing the potential fallout from the breach.

Some are calling it a huge disaster for the United States Supreme Court.

“Nothing about this looks good in terms of the integrity of the court itself,” Trinity University political science professor David Crockett said.

Late Monday evening, the first draft of the opinion that would overturn Roe v. Wade was published by Politico.

UTSA Associate Professor of political science Matt Brogen says a breach of this kind is something that’s never been seen before.

“An actual draft opinion from the court’s majority prior to the court’s official announcement of the decision is completely unprecedented,” Brogden said.

Crockett thinks there could become a lack of trust within the Supreme Court itself.

“No’s one going to know who’s the liar?” Crockett said. “Who’s the one that leaked this? Is it a clerk? Is it a Supreme Court justice?”

Meanwhile, Brogden potentially sees this as an opportunity for the Supreme Court.

“In a way, it’s a public opportunity to learn about the court and the way that it functions,” Brogden said.

The draft is not final, nothing has been legally overturned and the final opinion expected this summer could still be different.

“Obviously the precise language could change in the next few drafts, and it’s certainly possible that justices will change their mind between now and then,” Crockett said.

Chief Justice John Roberts released a statement Tuesday saying while the leaked draft was authentic, it did not represent a decision by the court. He also mentioned that he directed the Marshal of the Court to launch an investigation into the source of the leak.

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About the Author
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Erica Hernandez is an Emmy award-winning journalist with 15 years of experience in the broadcast news business. Erica has covered a wide array of stories all over Central and South Texas. She's currently the court reporter and cohost of the podcast Texas Crime Stories.

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