DOJ launches criminal probe into Supreme Court leak that exposed ruling overturning Roe v Wade

As of November 5, 2026, the Department of Justice (DOJ) has initiated a criminal investigation into the leak of a draft Supreme Court opinion that eventually led to the overturning of Roe v. Wade in June 2022. The leak occurred about two months before the official ruling and was disclosed by Politico, prompting Chief Justice John Roberts to initiate an internal investigation at the Supreme Court, which did not identify the leaker.

The DOJ probe is being led by U.S. Attorney Jeanine Pirro's office in Washington, D.C., with career prosecutors handling the matter. This development comes after a period of reluctance from the DOJ to comment on the existence of such an investigation. The leak remains unsolved despite significant efforts and has raised concerns about security and transparency within the Supreme Court.

The criminal probe marks a new phase in the effort to uncover who leaked Justice Samuel Alito's draft opinion, which detailed the decision that ended nationwide abortion rights. No specific charges have been disclosed, but the unprecedented nature of the leak, coupled with subsequent death threats against conservative justices, underscores its severity and potential legal implications.