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Perspectives

Supreme Court Security Under Scrutiny

By Brett Richards
January 25, 2023

Last summer, the DC landscape was rocked when a draft opinion was leaked from the Supreme Court. After an investigation, the Marshal of the Supreme Court was unable to identify who or how it happened. 

Now, two Louisiana lawmakers are reintroducing legislation to criminalize the practice, but some experts are calling it an "overreaction." One thing is clear, the Supreme Court can't operate without being able to deliberate candidly. 

A Supreme Court report this week on the leak of a draft opinion has revitalized an effort from two Louisiana Republicans to criminalize leaking information from the high court, a step some experts say could get messy if it became law. Though the report Thursday from Marshal of the Supreme Court Gail A. Curley said officials did not find out who may have leaked the opinion last year, it did encourage the Supreme Court to engage in “consideration” of legislation from Rep. Mike Johnson and Sen. Bill Cassidy as part of efforts to prevent another leak.
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    Brett Richards
    title
    Special Counsel
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    D: 202.203.1026
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    Emailbrichards@joneswalker.com
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