DOJ Launches Criminal Investigation Into Leak Of Supreme Court’s Roe Reversal

The Department of Justice (DOJ) has begun a criminal investigation to uncover the leaker of the U.S. Supreme Court's decision to overturn Roe v. Wade in 2022, a report shows.

While an investigation of this nature involving the Court is unprecedented, Justice Department prosecutors have issued grand jury subpoenas for testimony and sought information from court staffers at the time of the leak, people familiar with the matter told The New York Times. (RELATED: Top DOJ Civil Rights Enforcer Resigns After Midterm Catastrophe)

The investigation revolves around the leak of a draft decision in Dobbs v. Jackson Women's Health Organization, which overturned the 1973 precedent established by the Court, allowing states to determine their own abortion legislation rather than relying on the standard established by the Court.

🚨 WOW! Supreme Court Justice Sam Alito is LIVID about whoever leaked the Dobbs decision overturning Roe v. Wade, saying it made the 5 conservatives TARGETS OF ASSASSINATION

Alito says HE THINKS HE KNOW WHO DID IT — but can't definitively say

"It was a grave breach of the… pic.twitter.com/mmdrZThPek

— Eric Daugherty (@EricLDaugh) October 4, 2026

While the overturning of the precedent was seen as a win for the pro-life movement, which could then petition in their states to protect the life of the child, those who supported the prior ruling viewed this as a huge blow to a woman's right to decide if and when she should have children.

Now, The New York Times reports that the investigation has ramped up over the last few weeks, as an internal inquiry did not turn up who leaked the draft to Politico.

Questions also remain over what charges prosecutors could bring against a leaker, even if one were identified. Questions surrounding the separation of powers between the executive and judicial branches further complicate the investigation, the Times reported.

U.S. Attorney Jeanine Pirro in Washington, D.C. is overseeing the investigation, with Carlton Davis among several prosecutors involved in the case.

While the Justice Department declined to comment on the Times' reporting, several justices have previously spoken up about the leak.

In July, Supreme Court Associate Justice Elena Kagan was asked about the Dobbs leak at a congressional hearing and said the Court has not "closed the books" on the investigation, adding that any further information will be pursued "till the end."

Additionally, Justice Samuel Alito said in an October interview with Fox News that he has "a pretty good idea" about who was responsible for the leak, adding that his hunch is "not strong enough for the court or for me to say this is the person who was responsible."