The Supreme Court’s report on its probe of the leak of a draft abortion opinion last year revealed weaknesses in an antiquated security protocol, but former law clerks say it’s really respect for the court — and its honor system — would prevent a future leak.
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Mike Davis, a former clerk to Justice Neil M. Gorsuch in 2017, said one bad actor — potentially a law clerk — will find a way to leak in the future even if security improvements are implemented.
“This is the first leak of a draft opinion in the Supreme Court’s history. This was not a security issue that happened here,” said Mr. Davis, president of the Article III Project. “The improvements are good, it is going to make it harder to leak in the future. But if a determined law clerk wants to leak draft opinions, they will be able to do it.”
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